Nuclear Fees Reauthorization Act of 2005 - Title I: NRC User Fees - (Sec. 101) Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) extend from September 20, 2005, until September 20, 2011, the last assessment of annual charges; and (2) revise and extend through FY2011 the formula governing annual charges collected from licensees and certificate holders.
Title II: NRC Reform - (Sec. 201) Amends federal bankruptcy law to exclude from the property of the estate in bankruptcy funds accumulated or otherwise designated for decontamination and decommissioning pursuant to a regulation or order of the Nuclear Regulatory Commission (NRC) for a nuclear power reactor licensed under the Atomic Energy Act of 1954.
(Sec. 202) Specifies that the 40-year limit on a combined nuclear power utilization or production facilities is 40 years from the authorization to commence operations.
(Sec. 203) Amends the Atomic Energy Act of 1954 to provide that requirements governing transmissions of license applications to the Attorney General for antitrust review do not apply to a commercial, industrial, or medical license to construct or operate a utilization or production facility if the application is filed on or after, or is pending on, the date of enactment of this Act.
(Sec. 204) Prescribes guidelines governing an NRC license to export highly enriched uranium to specified countries for medical isotope production.
Instructs the Secretary of Energy to enter into an arrangement with the National Academy of Sciences to study: (1) the feasibility of procuring supplies of medical isotopes from commercial sources that do not use highly enriched uranium; (2) the current and projected demand and availability of medical isotopes in regular current domestic use; (3) the progress made to eliminate all use of highly enriched uranium in reactor fuel, reactor targets, and medical isotope production facilities; and (4) 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.
(Sec. 205) Revises requirements governing NRC cost recovery from government agencies.
(Sec. 206) Revises requirements with respect to conflicts of interest relating to contracts and other arrangements to declare that, notwithstanding any conflict of interest, the NRC may enter into a contract, agreement, or arrangement with the Department of Energy (DOE) or the operator of a DOE facility, if the NRC determines that: (1) the conflict of interest cannot be mitigated; and (2) adequate justification exists to proceed without its mitigation.
(Sec. 207) Authorizes appropriations for FY2006 and subsequent fiscal years.
Title III: NRC Human Capital Provisions - (Sec. 301) Prescribes guidelines for NRC: (1) support to university nuclear safety, security, and environmental protection programs; (2) purchase of promotional items; (3) authority to pay for transportation, lodging, and subsistence expenses of NRC employees assisting certain other NRC employees, or studying work-related courses at an institution of higher learning, as well as the health and medical expenses of NRC employees serving in foreign countries; (3) scholarship and fellowship programs in critical skill areas; (4) partnership with certain institutions of higher education (including Hispanic-serving institutions, historically Black colleges and universities, and Tribal colleges); and (5) authority to waive the pension offset for certain rehired federal retirees.
(Sec. 307) Authorizes appropriations for FY2006 and subsequent fiscal years.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 858
To reauthorize Nuclear Regulatory Commission user fees, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2005
Mr. Voinovich (for himself and Mr. Inhofe) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To reauthorize Nuclear Regulatory Commission user fees, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nuclear Fees
Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NRC USER FEES
Sec. 101. Nuclear Regulatory Commission user fees and annual charges.
TITLE II--NRC REFORM
Sec. 201. Treatment of nuclear reactor financial obligations.
Sec. 202. Period of combined license.
Sec. 203. Elimination of NRC antitrust reviews.
Sec. 204. Scope of environmental review.
Sec. 205. Medical isotope production.
Sec. 206. Cost recovery from government agencies.
Sec. 207. Conflicts of interest relating to contracts and other
arrangements.
Sec. 208. Hearing procedures.
Sec. 209. Authorization of appropriations.
TITLE III--NRC HUMAN CAPITAL PROVISIONS
Sec. 301. Provision of support to university nuclear safety, security,
and environmental protection programs.
Sec. 302. Promotional items.
Sec. 303. Expenses authorized to be paid by the Nuclear Regulatory
Commission.
Sec. 304. Nuclear Regulatory Commission scholarship and fellowship
program.
Sec. 305. Partnership program with institutions of higher education.
Sec. 306. Elimination of pension offset for certain rehired Federal
retirees.
Sec. 307. Authorization of appropriations.
TITLE I--NRC USER FEES
SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES.
(a) In General.--Section 6101 of the Omnibus Budget Reconciliation
Act of 1990 (42 U.S.C. 2214) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Except as
provided in paragraph (3), the'' and inserting ``The'';
and
(B) by striking paragraph (3); and
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) amounts appropriated to the Nuclear
Regulatory Commission for the fiscal year for
implementation of section 3116 of the Ronald W.
Reagan National Defense Authorization Act for
Fiscal Year 2005 (118 Stat. 2162; 50 U.S.C.
2601 note)''; and
(B) in subparagraph (B)(v), by inserting ``and each
fiscal year thereafter'' after ``2005''.
(b) Nuclear Regulatory Commission Annual Charges.--Section 7601 of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (42 U.S.C.
2213) is repealed.
TITLE II--NRC REFORM
SEC. 201. TREATMENT OF NUCLEAR REACTOR FINANCIAL OBLIGATIONS.
Section 523 of title 11, United States Code, is amended by adding
at the end the following:
``(f) Treatment of Nuclear Reactor Financial Obligations.--
Notwithstanding any other provision of this title--
``(1) any funds or other assets held by a licensee or
former licensee of the Nuclear Regulatory Commission, or by any
other person, to satisfy the responsibility of the licensee,
former licensee, or any other person to comply with a
regulation or order of the Nuclear Regulatory Commission
governing the decontamination and decommissioning of a nuclear
power reactor licensed under section 103 or 104 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)) shall not
be used to satisfy the claim of any creditor in any proceeding
under this title, other than a claim resulting from an activity
undertaken to satisfy that responsibility, until the
decontamination and decommissioning of the nuclear power
reactor is completed to the satisfaction of the Nuclear
Regulatory Commission;
``(2) obligations of licensees, former licensees, or any
other person to use funds or other assets to satisfy a
responsibility described in paragraph (1) may not be rejected,
avoided, or discharged in any proceeding under this title or in
any liquidation, reorganization, receivership, or other
insolvency proceeding under Federal or State law; and
``(3) private insurance premiums and standard deferred
premiums held and maintained in accordance with section 170 b.
of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)) shall not
be used to satisfy the claim of any creditor in any proceeding
under this title, until the indemnification agreement executed
in accordance with section 170 c. of that Act (42 U.S.C.
2210(c)) is terminated.''.
SEC. 202. PERIOD OF COMBINED LICENSE.
Section 103 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c))
is amended by striking ``forty years'' and inserting ``40 years from
the authorization to commence operations''.
SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.
Section 105 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2135(c))
is amended by adding at the end the following:
``(9) Applicability.--This subsection does not apply to an
application for a license to construct or operate a utilization
facility or production facility under section 103 or 104 b., if
the application is filed on or after, or is pending on, the
date of enactment of this paragraph.''.
SEC. 204. SCOPE OF ENVIRONMENTAL REVIEW.
(a) In General.--Chapter 10 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2131 et seq.) is amended--
(1) by redesignating sections 110 and 111 as section 111
and 112, respectively; and
(2) by inserting after section 109 the following:
``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW.
``In conducting any environmental review (including any activity
conducted under section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332)) in connection with an application for a license
or a renewed license under this chapter, the Commission shall not give
any consideration to the need for, or any alternative to, the facility
to be licensed.''.
(b) Conforming Amendments.--
(1) The table of contents of the Atomic Energy Act of 1954
(42 U.S.C. prec. 2011) is amended by striking the item relating
to section 110 and inserting the following:
``Sec. 110. Scope of environmental review.
``Sec. 111. Exclusions.
``Sec. 112. Licensing by Nuclear Regulatory Commission of
distribution of certain materials by
Department of Energy.'';
(2) Section 57 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2077(b)) is amended in the last sentence by striking
``section 111 b.'' and inserting ``section 112 b.''.
(3) Section 131 a.(2)(C) of the Atomic Energy Act of 1954
(42 U.S.C 2160(a)(2)(C), by striking ``section 111 b.'' and
inserting ``section 112 b.''.
(4) Section 202 of the Energy Reorganization Act of 1974
(42 U.S.C. 5842) is amended--
(A) by striking ``section 110 a.'' and inserting
``section 111 a.''; and
(B) by striking ``section 110 b.'' and inserting
``section 111 b.''.
SEC. 205. MEDICAL ISOTOPE PRODUCTION.
Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is
amended--
(1) by redesignating subsections a. and b. as subsections
b. and a., respectively, and by moving subsection b. (as so
redesignated) to the end of the section;
(2) in subsection b. (as so redesignated), by striking ``b.
The Commission'' and inserting ``b. Restrictions.--Except as
provided in subsection c., the Commission''; and
(3) by adding at the end the following:
``c. Medical Isotope Production.--
``(1) Definitions.--In this subsection:
``(A) Medical isotope.--The term `medical isotope'
includes Molybdenum 99, Iodine 131, Xenon 133, and
other radioactive materials used to produce a
radiopharmaceutical for diagnostic, therapeutic
procedures or for research and development.
``(B) Radiopharmaceutical.--The term
`radiopharmaceutical' means a radioactive isotope
that--
``(i) contains byproduct material combined
with chemical or biological material; and
``(ii) is designed to accumulate
temporarily in a part of the body for
therapeutic purposes or for enabling the
production of a useful image for use in a
diagnosis of a medical condition.
``(C) Recipient country.--The term `recipient
country' means Belgium, Canada, France, Germany, and
the Netherlands.
``(2) Licenses.--The Commission may issue a license
authorizing the export (including shipment to and use at
intermediate and ultimate consignees specified in the license)
to a recipient country of highly enriched uranium for medical
isotope production if, in addition to any other requirements of
this Act (except subsection b.), the Commission determines
that--
``(A) a recipient country that supplies an
assurance letter to the United States Government in
connection with the consideration by the Commission of
the export license application has informed the United
States Government that any intermediate consignees and
the ultimate consignee specified in the application are
required to use the highly enriched uranium solely to
produce medical isotopes; and
``(B) the highly enriched uranium for medical
isotope production will be irradiated only in a reactor
in a recipient country that--
``(i) uses an alternative nuclear reactor
fuel; or
``(ii) is the subject of an agreement with
the United States Government to convert to an
alternative nuclear reactor fuel when
alternative nuclear reactor fuel can be used in
the reactor.
``(3) Review of physical protection requirements.--
``(A) In general.--The Commission shall review the
adequacy of physical protection requirements that, as
of the date of an application under paragraph (2), are
applicable to the transportation and storage of highly
enriched uranium for medical isotope production or
control of residual material after irradiation and
extraction of medical isotopes.
``(B) Imposition of additional requirements.--If
the Commission determines that additional physical
protection requirements are necessary (including a
limit on the quantity of highly enriched uranium that
may be contained in a single shipment), the Commission
shall impose such requirements as license conditions or
through other appropriate means.
``(4) First report to congress.--
``(A) National academy of sciences study.--The
Secretary shall enter into an arrangement with the
National Academy of Sciences to conduct a study to
determine--
``(i) the feasibility of procuring supplies
of medical isotopes from commercial sources
that do not use highly enriched uranium;
``(ii) the current and projected demand and
availability of medical isotopes in regular
current domestic use;
``(iii) the progress that is being made by
the Department of Energy and others to
eliminate all use of highly enriched uranium in
reactor fuel, reactor targets, and medical
isotope production facilities; and
``(iv) the potential cost differential in
medical isotope production in the reactors and
target processing facilities if the products
were derived from production systems that do
not involve fuels and targets with highly
enriched uranium.
``(B) Feasibility.--For the purpose of this
subsection, the use of low enriched uranium to produce
medical isotopes shall be determined to be feasible
if--
``(i) low enriched uranium targets have
been developed and demonstrated for use in the
reactors and target processing facilities that
produce significant quantities of medical
isotopes to serve United States needs for such
isotopes;
``(ii) sufficient quantities of medical
isotopes are available from low enriched
uranium targets and fuel to meet United States
domestic needs; and
``(iii) the average anticipated total cost
increase from production of medical isotopes in
such facilities without use of highly enriched
uranium is less than 10 percent.
``(C) Report by the secretary.--Not later than 5
years after the date of enactment of the Nuclear Fees
Reauthorization Act of 2005, the Secretary shall submit
to Congress a report that--
``(i) contains the findings of the National
Academy of Sciences made in the study under
subparagraph (A); and
``(ii) discloses the existence of any
commitments from commercial producers to
provide domestic requirements for medical
isotopes without use of highly enriched uranium
consistent with the feasibility criteria
described in subparagraph (B) not later than
the date that is 4 years after the date of
submission of the report.
``(5) Second report to congress.--If the study of the
National Academy of Sciences determines under paragraph
(4)(A)(i) that the procurement of supplies of medical isotopes
from commercial sources that do not use highly enriched uranium
is feasible, but the Secretary is unable to report the
existence of commitments under paragraph (4)(C)(ii), not later
than the date that is 6 years after the date of enactment of
the Nuclear Fees Reauthorization Act of 2005, the Secretary
shall submit to Congress a report that describes options for
developing domestic supplies of medical isotopes in quantities
that are adequate to meet domestic demand without the use of
highly enriched uranium consistent with the cost increase
described in paragraph (4)(B)(iii).
``(6) Certification.--At such time as commercial facilities
that do not use highly enriched uranium are capable of meeting
domestic requirements for medical isotopes, within the cost
increase described in paragraph (4)(B)(iii) and without
impairing the reliable supply of medical isotopes for domestic
utilization, the Secretary shall submit to Congress a
certification to that effect.
``(7) Sunset provision.--After the Secretary submits a
certification under paragraph (6), the Commission shall, by
rule, terminate the review of the Commission of export license
applications under this subsection.''.
SEC. 206. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161 w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w))
is amended--
(1) by striking ``for or is issued'' and all that follows
through ``1702'' and inserting ``to the Nuclear Regulatory
Commission for, or is issued by the Nuclear Regulatory
Commission, a license or certificate'';
(2) by striking ``483a'' and inserting ``9701''; and
(3) by striking ``, of applicants for, or holders of, such
licenses or certificates''.
SEC. 207. CONFLICTS OF INTEREST RELATING TO CONTRACTS AND OTHER
ARRANGEMENTS.
Section 170A b. of the Atomic Energy Act of 1954 (42 U.S.C.
2210a(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking ``b. The Commission'' and inserting the
following:
``b. Evaluation.--
``(1) In general.--Except as provided in paragraph (2), the
Commission''; and
(3) by adding at the end the following:
``(2) Nuclear regulatory commission.--Notwithstanding any
conflict of interest, the Nuclear Regulatory Commission may
enter into a contract, agreement, or arrangement with the
Department of Energy or the operator of a Department of Energy
facility, if the Nuclear Regulatory Commission determines
that--
``(A) the conflict of interest cannot be mitigated;
and
``(B) adequate justification exists to proceed
without mitigation of the conflict of interest.''.
SEC. 208. HEARING PROCEDURES.
Section 189 a. (1) of the Atomic Energy Act of 1954 (42 U.S.C.
2239(a)(1)) is amended by adding at the end the following:
``(C) Hearings.--A hearing under this section shall
be conducted using informal adjudicatory procedures
unless the Commission determines that formal
adjudicatory procedures are necessary--
``(i) to develop a sufficient record; or
``(ii) to achieve fairness.''.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title and
the amendments made by this title such sums as are necessary for fiscal
year 2006 and each subsequent fiscal year.
TITLE III--NRC HUMAN CAPITAL PROVISIONS
SEC. 301. PROVISION OF SUPPORT TO UNIVERSITY NUCLEAR SAFETY, SECURITY,
AND ENVIRONMENTAL PROTECTION PROGRAMS.
Section 31 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(b))
is amended--
(1) by striking ``b. The Commission is further authorized
to make'' and inserting the following:
``b. Grants and Contributions.--The Commission is authorized--
``(1) to make'';
(2) in paragraph (1) (as designated by paragraph (1)) by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(2) to provide grants, loans, cooperative agreements,
contracts, and equipment to institutions of higher education
(as defined in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)) to support courses, studies, training,
curricula, and disciplines pertaining to nuclear safety,
security, or environmental protection, or any other field that
the Commission determines to be critical to the regulatory
mission of the Commission.''.
SEC. 302. PROMOTIONAL ITEMS.
Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et
seq.) is amended by adding at the end the following:
``SEC. 170C. PROMOTIONAL ITEMS.
``The Commission may purchase promotional items of nominal value
for use in the recruitment of individuals for employment.''.
SEC. 303. EXPENSES AUTHORIZED TO BE PAID BY THE NUCLEAR REGULATORY
COMMISSION.
Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et
seq.) (as amended by section 302) is amended by adding at the end the
following:
``SEC. 170D. EXPENSES AUTHORIZED TO BE PAID BY THE COMMISSION.
``The Commission may--
``(1) pay transportation, lodging, and subsistence expenses
of employees who--
``(A) assist scientific, professional,
administrative, or technical employees of the
Commission; and
``(B) are students in good standing at an
institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C.
1002)) pursuing courses related to the field in which
the students are employed by the Commission; and
``(2) pay the costs of health and medical services
furnished, pursuant to an agreement between the Commission and
the Department of State, to employees of the Commission and
dependents of the employees serving in foreign countries.''.
SEC. 304. NUCLEAR REGULATORY COMMISSION SCHOLARSHIP AND FELLOWSHIP
PROGRAM.
Chapter 19 of the Atomic Energy Act of 1954 is amended by inserting
after section 242 (42 U.S.C. 2015a) the following:
``SEC. 243. SCHOLARSHIP AND FELLOWSHIP PROGRAM.
``(a) Scholarship Program.--To enable students to study, for at
least 1 academic semester or equivalent term, science, engineering, or
another field of study that the Commission determines is in a critical
skill area related to the regulatory mission of the Commission, the
Commission may carry out a program to--
``(1) award scholarships to undergraduate students who--
``(A) are United States citizens; and
``(B) enter into an agreement under subsection (c)
to be employed by the Commission in the area of study
for which the scholarship is awarded.
``(b) Fellowship Program.--To enable students to pursue education
in science, engineering, or another field of study that the Commission
determines is in a critical skill area related to its regulatory
mission, in a graduate or professional degree program offered by an
institution of higher education in the United States, the Commission
may carry out a program to--
``(1) award fellowships to graduate students who--
``(A) are United States citizens; and
``(B) enter into an agreement under subsection (c)
to be employed by the Commission in the area of study
for which the fellowship is awarded.
``(c) Requirements.--
``(1) In general.--As a condition of receiving a
scholarship or fellowship under subsection (a) or (b), a
recipient of the scholarship or fellowship shall enter into an
agreement with the Commission under which, in return for the
assistance, the recipient shall--
``(A) maintain satisfactory academic progress in
the studies of the recipient, as determined by criteria
established by the Commission;
``(B) agree that failure to maintain satisfactory
academic progress shall constitute grounds on which the
Commission may terminate the assistance;
``(C) on completion of the academic course of study
in connection with which the assistance was provided,
and in accordance with criteria established by the
Commission, engage in employment by the Commission for
a period specified by the Commission, that shall be not
less than 1 time and not more than 3 times the period
for which the assistance was provided; and
``(D) if the recipient fails to meet the
requirements of subparagraph (A), (B), or (C),
reimburse the United States Government for--
``(i) the entire amount of the assistance
provided the recipient under the scholarship or
fellowship; and
``(ii) interest at a rate determined by the
Commission.
``(2) Waiver or suspension.--The Commission may establish
criteria for the partial or total waiver or suspension of any
obligation of service or payment incurred by a recipient of a
scholarship or fellowship under this section.
``(d) Competitive Process.--Recipients of scholarships or
fellowships under this section shall be selected through a competitive
process primarily on the basis of academic merit and such other
criteria as the Commission may establish, with consideration given to
financial need and the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b).
``(e) Direct Appointment.--The Commission may appoint directly,
with no further competition, public notice, or consideration of any
other potential candidate, an individual who has completed the academic
program for which a scholarship or fellowship was awarded by the
Commission under this section.''.
SEC. 305. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF HIGHER EDUCATION.
Chapter 19 of the Atomic Energy Act of 1954 (42 U.S.C. 2015 et
seq.) (as amended by section 304) is amended by inserting after section
243 the following:
``SEC. 244. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF HIGHER EDUCATION.
``(a) Definitions.--In this section:
``(1) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given the term in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)).
``(2) Historically black college and university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(3) Tribal college.--The term `Tribal college' has the
meaning given the term `tribally controlled college or
university' in section 2(a) of the Tribally Controlled College
or University Assistance Act of 1978 (25 U.S.C. 1801(a)).
``(b) Partnership Program.--The Commission may establish and
participate in activities relating to research, mentoring, instruction,
and training with institutions of higher education, including Hispanic-
serving institutions, historically Black colleges or universities, and
Tribal colleges, to strengthen the capacity of the institutions--
``(1) to educate and train students (including present or
potential employees of the Commission); and
``(2) to conduct research in the field of science,
engineering, or law, or any other field that the Commission
determines is important to the work of the Commission.''.
SEC. 306. ELIMINATION OF PENSION OFFSET FOR CERTAIN REHIRED FEDERAL
RETIREES.
Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et
seq.) (as amended by sections 302 and 303) is amended by adding at the
end the following:
``SEC. 170E. ELIMINATION OF PENSION OFFSET FOR CERTAIN REHIRED FEDERAL
RETIREES.
``(a) In General.--The Commission may waive the application of
section 8344 or 8468 of title 5, United States Code, on a case-by-case
basis for employment of an annuitant--
``(1) in a position of the Commission for which there is
exceptional difficulty in recruiting or retaining a qualified
employee; or
``(2) when a temporary emergency hiring need exists.
``(b) Procedures.--The Commission shall prescribe procedures for
the exercise of authority under this section, including--
``(1) criteria for any exercise of authority; and
``(2) procedures for a delegation of authority.
``(c) Effect of Waiver.--An employee as to whom a waiver under this
section is in effect shall not be considered an employee for purposes
of subchapter II of chapter 83, or chapter 84, of title 5, United
States Code.''.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title and
amendments made by this title such sums as may be necessary for fiscal
year 2006 and each fiscal year thereafter.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S4028-4031)
Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment in the nature of a substitute. With written report No. 109-100.
Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment in the nature of a substitute. With written report No. 109-100.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 154.
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