Page:United States Statutes at Large Volume 119.djvu/809

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 791

Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) to have repeatedly provided support for acts of international terrorism). This section shall not apply to nuclear incidents occurring as a result of missions, carried out under the direction of the Secretary, the Secretary of Defense, or the Secretary of State, that are necessary to safely secure, store, transport, or remove nuclear materials for nuclear safety or nonproliferation purposes. (b) DEFINITIONS.—The terms used in this section shall have the same meaning as those terms have under section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014), unless otherwise expressly provided in this section. SEC. 636. AUTHORIZATION OF APPROPRIATIONS.

42 USC 16013.

There are authorized to be appropriated such sums as are necessary to carry out this subtitle and the amendments made by this subtitle. SEC. 637. 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) by striking ‘‘Except as provided in paragraph (3), the’’ and inserting ‘‘The’’ in paragraph (1); and (B) by striking paragraph (3); and (2) in subsection (c)— (A) by striking ‘‘and’’ at the end of paragraph (2)(A)(i); (B) by striking the period at the end of paragraph (2)(A)(ii) and inserting a semicolon; (C) by adding at the end of paragraph (2)(A) the following new clauses: ‘‘(iii) amounts appropriated to the Commission for the fiscal year for implementation of section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005; and ‘‘(iv) amounts appropriated to the Commission for homeland security activities of the 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 (D) by amending paragraph (2)(B)(v) to read as follows: ‘‘(v) 90 percent for fiscal year 2005 and each fiscal year thereafter.’’. (b) REPEAL.—Section 7601 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (42 U.S.C. 2213) is repealed. (c) EFFECTIVE DATE.—The amendments made by this section take effect on October 1, 2006.

42 USC 2214 note.

SEC. 638. STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS.

42 USC 16014.

(a) DEFINITIONS.—In this section: (1) ADVANCED NUCLEAR FACILITY.—The term ‘‘advanced nuclear facility’’ means any nuclear facility the reactor design for which is approved after December 31, 1993, by the Commission (and such design or a substantially similar design of comparable capacity was not approved on or before that date).

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