S 1627 IS

To extend the authority of the Nuclear Regulatory Commission to collect fees through 2004, and for other purposes.

September 23 (legislative day, SEPTEMBER 22), 1999

Mr. INHOFE introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To extend the authority of the Nuclear Regulatory Commission to collect fees through 2004, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `NRC Fairness in Funding Act of 1999'.

SEC. 2. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.

Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is amended--

(1) in subsection (a)(3), by striking `September 30, 1999' and inserting `September 30, 2004'; and

(2) in subsection (c)--

(A) by striking paragraph (2) and inserting the following:

`(2) AGGREGATE AMOUNT OF CHARGES- The aggregate amount of the annual charges collected from all licensees shall equal an amount that approximates 100 percent of the budget authority of the Commission for the fiscal year for which the charge is collected, less, with respect to the fiscal year, the sum of--

`(A) any amount appropriated to the Commission from the Nuclear Waste Fund;

`(B) the amount of fees collected under subsection (b); and

`(C) for fiscal year 2000 and each fiscal year thereafter, to the extent provided in paragraph (5), the costs of activities of the Commission with respect to which a determination is made under paragraph (5).'; and

(B) by adding at the end the following:

`(5) EXCLUDED BUDGET COSTS-

`(A) IN GENERAL- In the budget request for fiscal year 2001 and each fiscal year thereafter, the Commission shall--

`(i) determine the activities of the Commission that could not be fairly and equitably funded through assessments of annual charges on a licensee or class of licensee of the Commission; and

`(ii) subject to subparagraph (C), request that funding for the activities described in clause (i) be appropriated to the Commission out of the general fund of the Treasury.

`(B) CONSIDERATIONS- In making the determination under subparagraph (A), the Commission shall consider--

`(i) the extent to which activities of the Commission provide benefits to persons that are not licensees of the Commission; and

`(ii) the extent to which the Commission cannot, as a matter of law, or does not, as a matter of policy, assess fees or charges on a licensee or class of licensee that benefits from the activities.

`(C) MAXIMUM EXCLUDED AMOUNT- The total amount of costs for which appropriations from the general fund of the Treasury may be sought by the Commission under subparagraph (A)(ii) shall not exceed 12 percent of the budget authority of the Commission for any fiscal year.'.

END