II
Calendar No. 154
109th CONGRESS
1st Session
S. 858
[Report No. 109–100]
IN THE SENATE OF THE UNITED STATES
April 20, 2005
Mr. Voinovich (for himself, Mr. Inhofe, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
July 1, 2005
Reported by Mr. Inhofe, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To reauthorize Nuclear Regulatory Commission user fees, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Nuclear Fees Reauthorization
Act of 2005
.
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.
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.
NRC User Fees
Nuclear Regulatory Commission user fees and annual charges
In general
Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is amended—
in subsection (a)—
in paragraph (1),
by striking Except as provided in paragraph (3), the
and
inserting The
; and
by striking paragraph (3); and
in subsection (c)(2)—
in subparagraph (A)—
in clause (i), by
striking and
at the end;
in clause (ii),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
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
in subparagraph
(B)(v), by inserting and each fiscal year thereafter
after
2005
.
Nuclear Regulatory Commission annual charges
Section 7601 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (42 U.S.C. 2213) is repealed.
NRC Reform
Treatment of nuclear reactor financial obligations
Section 523 of title 11, United States Code, is amended by adding at the end the following:
Treatment of nuclear reactor financial obligations
Notwithstanding any other provision of this title—
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;
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
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.
.
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
.
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:
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.
.
Scope of environmental review
In general
Chapter 10 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2131 et seq.) is amended—
by redesignating sections 110 and 111 as section 111 and 112, respectively; and
by inserting after section 109 the following:
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.
.
Conforming amendments
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.
;
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.
.
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.
.
Section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842) is amended—
by striking
section 110 a.
and inserting section 111 a.
;
and
by striking
section 110 b.
and inserting section 111
b.
.
Medical isotope production
Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is amended—
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;
in subsection b.
(as so redesignated), by striking b. The Commission
and
inserting b. Restrictions.—Except as provided in subsection c.,
the Commission
; and
by adding at the end the following:
Medical isotope production
Definitions
In this subsection:
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.
Radiopharmaceutical
The term radiopharmaceutical means a radioactive isotope that—
contains byproduct material combined with chemical or biological material; and
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.
Recipient country
The term recipient country means Belgium, Canada, France, Germany, and the Netherlands.
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 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
the highly enriched uranium for medical isotope production will be irradiated only in a reactor in a recipient country that—
uses an alternative nuclear reactor fuel; or
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.
Review of physical protection requirements
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.
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.
First report to congress
National Academy of Sciences study
The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study to determine—
the feasibility of procuring supplies of medical isotopes from commercial sources that do not use highly enriched uranium;
the current and projected demand and availability of medical isotopes in regular current domestic use;
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
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.
Feasibility
For the purpose of this subsection, the use of low enriched uranium to produce medical isotopes shall be determined to be feasible if—
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;
sufficient quantities of medical isotopes are available from low enriched uranium targets and fuel to meet United States domestic needs; and
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.
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—
contains the findings of the National Academy of Sciences made in the study under subparagraph (A); and
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.
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).
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.
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.
.
Cost recovery from government agencies
Section 161 w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) is amended—
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
;
by striking
483a
and inserting 9701
; and
by striking
, of applicants for, or holders of, such licenses or
certificates
.
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—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
by striking b. The
Commission
and inserting the following:
Evaluation
In general
Except as provided in paragraph (2), the Commission
; and
by adding at the end the following:
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—
the conflict of interest cannot be mitigated; and
adequate justification exists to proceed without mitigation of the conflict of interest.
.
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:
Hearings
A hearing under this section shall be conducted using informal adjudicatory procedures unless the Commission determines that formal adjudicatory procedures are necessary—
to develop a sufficient record; or
to achieve fairness.
.
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.
NRC Human Capital Provisions
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—
by striking
b. The Commission is further authorized to make
and inserting
the following:
Grants and contributions
The Commission is authorized—
to make
;
in paragraph (1)
(as designated by paragraph (1)) by striking the period at the end and
inserting ; and
; and
by adding at the end the following:
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.
.
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:
Promotional items
The Commission may purchase promotional items of nominal value for use in the recruitment of individuals for employment.
.
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:
Expenses authorized to be paid by the Commission
The Commission may—
pay transportation, lodging, and subsistence expenses of employees who—
assist scientific, professional, administrative, or technical employees of the Commission; and
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
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.
.
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:
Scholarship and fellowship program
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—
award scholarships to undergraduate students who—
are United States citizens; and
enter into an agreement under subsection (c) to be employed by the Commission in the area of study for which the scholarship is awarded.
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—
award fellowships to graduate students who—
are United States citizens; and
enter into an agreement under subsection (c) to be employed by the Commission in the area of study for which the fellowship is awarded.
Requirements
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—
maintain satisfactory academic progress in the studies of the recipient, as determined by criteria established by the Commission;
agree that failure to maintain satisfactory academic progress shall constitute grounds on which the Commission may terminate the assistance;
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
if the recipient fails to meet the requirements of subparagraph (A), (B), or (C), reimburse the United States Government for—
the entire amount of the assistance provided the recipient under the scholarship or fellowship; and
interest at a rate determined by the Commission.
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.
Competitive process
Recipients of scholarships or fellowships under this section shall be selected through a competitive process primarily on the basis of academic merit and such other criteria as the Commission may establish, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b).
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.
.
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:
Partnership program with institutions of higher education
Definitions
In this section:
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)).
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).
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)).
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—
to educate and train students (including present or potential employees of the Commission); and
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.
.
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:
Elimination of pension offset for certain rehired Federal retirees
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—
in a position of the Commission for which there is exceptional difficulty in recruiting or retaining a qualified employee; or
when a temporary emergency hiring need exists.
Procedures
The Commission shall prescribe procedures for the exercise of authority under this section, including—
criteria for any exercise of authority; and
procedures for a delegation of authority.
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.
.
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.
Short title; table of contents
Short title
This Act may be cited
as the Nuclear Fees Reauthorization
Act of 2005
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—NRC User Fees
Sec. 101. Nuclear Regulatory Commission user fees and annual charges.
TITLE II—NRC Reform
Sec. 201. Treatment of nuclear reactor financial obligations.
Sec. 202. Period of combined license.
Sec. 203. Elimination of NRC antitrust reviews.
Sec. 204. Medical isotope production.
Sec. 205. Cost recovery from government agencies.
Sec. 206. Conflicts of interest relating to contracts and other arrangements.
Sec. 207. Authorization of appropriations.
TITLE III—NRC Human Capital Provisions
Sec. 301. Provision of support to university nuclear safety, security, and environmental protection programs.
Sec. 302. Recruitment tools.
Sec. 303. Expenses authorized to be paid by the Nuclear Regulatory Commission.
Sec. 304. Nuclear Regulatory Commission scholarship and fellowship program.
Sec. 305. Partnership program with institutions of higher education.
Sec. 306. Elimination of pension offset for certain rehired Federal retirees.
Sec. 307. Authorization of appropriations.
NRC User Fees
Nuclear Regulatory Commission user fees and annual charges
Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is amended—
in subsection (a)(3), by
striking 2005
and inserting 2011
; and
in subsection (c)(2)—
in subparagraph (A)—
in clause (i), by
striking and
at the end;
in clause (ii), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
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
amounts appropriated to the Nuclear Regulatory Commission for homeland security activities of the Nuclear Regulatory Commission for the fiscal year, except for the costs of fingerprinting and background checks required by section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) and the costs of conducting security inspections.
; and
in subparagraph (B)(v),
by striking fiscal year 2005
and inserting each of fiscal
years 2005 through 2011
.
NRC Reform
Treatment of nuclear reactor financial obligations
Section 541(b) of title 11, United States Code, is amended—
in paragraph (4), by
striking or
at the end;
in paragraph (5), by
striking the period at the end and inserting ; or
; and
by adding at the end the following:
funds accumulated or otherwise designated for decontamination and decommissioning pursuant to a regulation or order of the Nuclear Regulatory Commission for a nuclear power reactor licensed under section 103 or 104 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
.
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
.
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:
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.
.
Medical isotope production
Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is amended—
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;
in subsection b. (as so
redesignated), by striking b. The Commission
and inserting
b. Restrictions.—Except as provided in subsection c.,
the Nuclear Regulatory Commission
; and
by adding at the end the following:
Medical isotope production
Definitions
In this subsection:
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.
Radiopharmaceutical
The term radiopharmaceutical means a radioactive isotope that—
contains byproduct material combined with chemical or biological material; and
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.
Recipient country
The term recipient country means Belgium, Canada, France, Germany, and the Netherlands.
Licenses
The Nuclear Regulatory Commission may issue a license authorizing the export (including shipment to and use at intermediate and ultimate consignees specified in the license) to a recipient country of highly enriched uranium for medical isotope production if, in addition to any other requirements of this Act (except subsection b.), the Nuclear Regulatory Commission determines that—
a recipient country that supplies an assurance letter to the United States Government in connection with the consideration by the Nuclear Regulatory Commission of the export license application has informed the United States Government that any intermediate consignees and the ultimate consignee specified in the application are required to use the highly enriched uranium solely to produce medical isotopes; and
the highly enriched uranium for medical isotope production will be irradiated only in a reactor in a recipient country that—
uses an alternative nuclear reactor fuel; or
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.
Review of physical protection requirements
In general
The Nuclear Regulatory Commission shall review the adequacy of physical protection requirements that, as of the date of an application under paragraph (2), are applicable to the transportation and storage of highly enriched uranium for medical isotope production or control of residual material after irradiation and extraction of medical isotopes.
Imposition of additional requirements
If the Nuclear Regulatory Commission determines that additional physical protection requirements are necessary (including a limit on the quantity of highly enriched uranium that may be contained in a single shipment), the Nuclear Regulatory Commission shall impose such requirements as license conditions or through other appropriate means.
First report to congress
National Academy of Sciences study
The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study to determine—
the feasibility of procuring supplies of medical isotopes from commercial sources that do not use highly enriched uranium;
the current and projected demand and availability of medical isotopes in regular current domestic use;
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
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.
Feasibility
For the purpose of this subsection, the use of low enriched uranium to produce medical isotopes shall be determined to be feasible if—
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;
sufficient quantities of medical isotopes are available from low enriched uranium targets and fuel to meet United States domestic needs; and
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.
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—
contains the findings of the National Academy of Sciences made in the study under subparagraph (A); and
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.
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).
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.
Sunset provision
After the Secretary submits a certification under paragraph (6), the Nuclear Regulatory Commission shall, by rule, terminate the review of the Nuclear Regulatory Commission of export license applications under this subsection.
.
Cost recovery from government agencies
Section 161 w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) is amended—
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
;
by striking
483a
and inserting 9701
; and
by striking , of
applicants for, or holders of, such licenses or certificates
.
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—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
by striking b. The
Commission
and inserting the following:
Evaluation
In general
Except as provided in paragraph (2), the Nuclear Regulatory Commission
; and
by adding at the end the following:
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—
the conflict of interest cannot be mitigated; and
adequate justification exists to proceed without mitigation of the conflict of interest.
.
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.
NRC Human Capital Provisions
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—
by striking b. The
Commission is further authorized to make
and inserting the
following:
Grants and contributions
The Nuclear Regulatory Commission is authorized—
to make
;
in paragraph (1) (as
designated by paragraph (1)) by striking the period at the end and inserting
; and
; and
by adding at the end the following:
to provide grants, loans, cooperative agreements, contracts, and equipment to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) to support courses, studies, training, curricula, and disciplines pertaining to nuclear safety, security, or environmental protection, or any other field that the Nuclear Regulatory Commission determines to be critical to the regulatory mission of the Nuclear Regulatory Commission.
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Recruitment tools
Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following:
Recruitment tools
The Nuclear Regulatory Commission may purchase promotional items of nominal value for use in the recruitment of individuals for employment.
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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:
Expenses authorized to be paid by the Nuclear Regulatory Commission
The Nuclear Regulatory Commission may—
pay transportation, lodging, and subsistence expenses of employees who—
assist scientific, professional, administrative, or technical employees of the Nuclear Regulatory Commission; and
are students in good standing at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) pursuing courses related to the field in which the students are employed by the Nuclear Regulatory Commission; and
pay the costs of health and medical services furnished, pursuant to an agreement between the Nuclear Regulatory Commission and the Department of State, to employees of the Nuclear Regulatory Commission and dependents of the employees serving in foreign countries.
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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:
Scholarship and fellowship program
Scholarship program
To enable students to study, for at least 1 academic semester or equivalent term, science, engineering, or another field of study that the Nuclear Regulatory Commission determines is in a critical skill area related to the regulatory mission of the Nuclear Regulatory Commission, the Nuclear Regulatory Commission may carry out a program to—
award scholarships to undergraduate students who—
are United States citizens; and
enter into an agreement under subsection c. to be employed by the Nuclear Regulatory Commission in the area of study for which the scholarship is awarded.
Fellowship program
To enable students to pursue education in science, engineering, or another field of study that the Nuclear Regulatory Commission determines is in a critical skill area related to its regulatory mission, in a graduate or professional degree program offered by an institution of higher education in the United States, the Nuclear Regulatory Commission may carry out a program to—
award fellowships to graduate students who—
are United States citizens; and
enter into an agreement under subsection c. to be employed by the Nuclear Regulatory Commission in the area of study for which the fellowship is awarded.
Requirements
In general
As a condition of receiving a scholarship or fellowship under subsection a. or b., a recipient of the scholarship or fellowship shall enter into an agreement with the Nuclear Regulatory Commission under which, in return for the assistance, the recipient shall—
maintain satisfactory academic progress in the studies of the recipient, as determined by criteria established by the Nuclear Regulatory Commission;
agree that failure to maintain satisfactory academic progress shall constitute grounds on which the Nuclear Regulatory Commission may terminate the assistance;
on completion of the academic course of study in connection with which the assistance was provided, and in accordance with criteria established by the Nuclear Regulatory Commission, engage in employment by the Nuclear Regulatory Commission for a period specified by the Nuclear Regulatory Commission, that shall be not less than 1 time and not more than 3 times the period for which the assistance was provided; and
if the recipient fails to meet the requirements of subparagraph (A), (B), or (C), reimburse the United States Government for—
the entire amount of the assistance provided the recipient under the scholarship or fellowship; and
interest at a rate determined by the Nuclear Regulatory Commission.
Waiver or suspension
The Nuclear Regulatory Commission may establish criteria for the partial or total waiver or suspension of any obligation of service or payment incurred by a recipient of a scholarship or fellowship under this section.
Competitive process
Recipients of scholarships or fellowships under this section shall be selected through a competitive process primarily on the basis of academic merit and such other criteria as the Nuclear Regulatory Commission may establish, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b).
Direct appointment
The Nuclear Regulatory Commission may appoint directly, with no further competition, public notice, or consideration of any other potential candidate, an individual who has—
received a scholarship or fellowship awarded by the Nuclear Regulatory Commission under this section; and
completed the academic program for which the scholarship or fellowship was awarded.
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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:
Partnership program with institutions of higher education
Definitions
In this section:
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)).
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).
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)).
Partnership program
The Nuclear Regulatory Commission may establish and participate in activities relating to research, mentoring, instruction, and training with institutions of higher education, including Hispanic-serving institutions, historically Black colleges or universities, and Tribal colleges, to strengthen the capacity of the institutions—
to educate and train students (including present or potential employees of the Nuclear Regulatory Commission); and
to conduct research in the field of science, engineering, or law, or any other field that the Nuclear Regulatory Commission determines is important to the work of the Nuclear Regulatory Commission.
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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:
Elimination of pension offset for certain rehired Federal retirees
In general
The Nuclear Regulatory Commission may waive the application of section 8344 or 8468 of title 5, United States Code, on a case-by-case basis for employment of an annuitant—
in a position of the Nuclear Regulatory Commission for which there is exceptional difficulty in recruiting or retaining a qualified employee; or
when a temporary emergency hiring need exists.
Procedures
The Nuclear Regulatory Commission shall prescribe procedures for the exercise of authority under this section, including—
criteria for any exercise of authority; and
procedures for a delegation of authority.
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.
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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.
July 1, 2005
Reported with an amendment