< Back to H.R. 3532 (105th Congress, 1997–1998)

Text of the Nuclear Regulatory Commission Authorization Act for Fiscal Year 1999

This bill was introduced on April 29, 1998, in a previous session of Congress, but was not enacted. The text of the bill below is as of Aug 6, 1998 (Reported by House Committee).

Source: GPO

HR 3532 RH

Union Calendar No. 385

105th CONGRESS

2d Session

H. R. 3532

[Report No. 105-680]

To authorize appropriations for the Nuclear Regulatory Commission for fiscal year 1999, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 24, 1998

Mr. DAN SCHAEFER of Colorado introduced the following bill; which was referred to the Committee on Commerce

August 6, 1998

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]


A BILL

To authorize appropriations for the Nuclear Regulatory Commission for fiscal year 1999, 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 ‘Nuclear Regulatory Commission Authorization Act for Fiscal Year 1999’.

TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1999.

    (a) COMMISSION- There are authorized to be appropriated to the Nuclear Regulatory Commission, in accordance with the provisions of section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), $483,340,000 for fiscal year 1999 to remain available until expended, of which $18,500,000 is authorized to be appropriated from the Nuclear Waste Fund.

    (b) OFFICE OF INSPECTOR GENERAL- There are authorized to be appropriated to the Nuclear Regulatory Commission’s Office of Inspector General, in accordance with the provisions of section 1105(a)(25) of title 31, United States Code, $5,300,000 for fiscal year 1999 to remain available until expended.

SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED.

    (a) IN GENERAL- The amounts authorized to be appropriated under section 101(a) for fiscal year 1999 shall be allocated as follows:

      (1) NUCLEAR REACTOR SAFETY- $211,422,000 for the Nuclear Reactor Safety Program.

      (2) NUCLEAR MATERIALS SAFETY- $48,869,000 for the Nuclear Materials Safety Program.

      (3) NUCLEAR WASTE SAFETY- $29,147,000 for the Nuclear Waste Safety Program.

      (4) COMMON DEFENSE AND SECURITY AND INTERNATIONAL INVOLVEMENT- $9,732,000 for the Common Defense and Security and International Activities or Affairs Program.

      (5) PROTECTING THE ENVIRONMENT- $14,901,000 for the Protecting the Environment Program.

      (6) MANAGEMENT AND SUPPORT- $169,269,000 for the Management and Support Program.

    (b) LIMITATIONS- The Nuclear Regulatory Commission may use not more than 1 percent of the amounts allocated under subsection (a) to exercise its authority under section 31a. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Grants made by the Commission shall be made in accordance with chapter 63 of title 31, United States Code, and other applicable law.

    (c) REALLOCATION-

      (1) IN GENERAL- Except as provided in paragraphs (2) and (3), any amount allocated for a fiscal year pursuant to any paragraph of subsection (a) for purposes of the program referred to in the paragraph may be reallocated by the Nuclear Regulatory Commission for use in a program referred to in any other paragraph of subsection (a).

      (2) LIMITATION- The amount available from appropriations for use in any program specified in any paragraph of subsection (a) may not, as a result of reallocations made under paragraph (1), be increased or reduced by more than $1,000,000, unless the Committee on Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate are notified in advance by the Commission. The notification shall contain a full and complete statement of the reallocation to be made and the facts and circumstances relied upon in support of the reallocation.

      (3) USE OF CERTAIN FUNDS- Funds authorized to be appropriated from the Nuclear Waste Fund may be used only for the high-level nuclear waste activities of the Commission and may not be reallocated for other Commission activities.

SEC. 103. RETENTION OF FUNDS.

    Notwithstanding the provisions of section 3302 of title 31, United States Code, money received by the Nuclear Regulatory Commission for the cooperative nuclear safety research program, services rendered to State governments, foreign governments and international organizations, and the material and information access authorization programs (including criminal history checks under section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169)) may be retained and used for salaries and expenses associated with those activities, and shall remain available until expended.

SEC. 104. TRANSFER OF CERTAIN FUNDS.

    From amounts authorized to be appropriated to the Nuclear Regulatory Commission under section 101(a), other than funds appropriated from the Nuclear Waste Fund, the Commission may transfer amounts to its Office of Inspector General, except that the total amount so transferred during any fiscal year may not exceed 5 percent of the amount authorized under section 101(b) for the fiscal year.

SEC. 105. LIMITATION.

    Notwithstanding any other provision of this Act, no authority to make payments under this Act shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts.

SEC. 106. LICENSE FEE EXEMPTION.

    Funds authorized to be appropriated by this Act for regulatory reviews and other assistance provided by the Nuclear Regulatory Commission to the Department of Energy and other Federal agencies for activities that do not derive their funding from the Nuclear Waste Fund shall be excluded from the calculation of the aggregate amount of charges described in section 6101(c)(2) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)).

SEC. 107. NRC USER FEES AND ANNUAL CHARGES.

    Section 6101(a)(3) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by striking ‘September 30, 1998’ and inserting ‘September 30, 2003’.

TITLE II--OTHER PROVISIONS

SEC. 201. OFFICE LOCATION.

    Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is amended by striking ‘; however, the Commission shall maintain an office for the service of process and papers within the District of Columbia’.

SEC. 202. PERIOD OF A COMBINED LICENSE.

    Paragraph c. of section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended by adding at the end the following: ‘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, prior to operation of the facility, that the acceptance criteria required by section 185b. have been met.’

SEC. 203. GIFT ACCEPTANCE AUTHORITY.

    Section 161g. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(g)) is amended--

      (1) by inserting ‘(1)’ after ‘g.’, and

      (2) by adding the following paragraph after paragraph (1):

      ‘(2) accept, hold, utilize, sell, and administer gifts, bequests, or donations of real and personal property for the purpose of aiding or facilitating the work of the Nuclear Regulatory Commission. There is established in the Treasury a fund for use in accordance with the provisions of this paragraph. Any gift of money accepted pursuant to the authority granted in this paragraph, or the net proceeds from the sale of any property so accepted, shall be deposited in the fund. Such funds shall be held in trust by the Secretary of the Treasury and shall be disbursed upon certification by the Chairman of the Nuclear Regulatory Commission. Property accepted pursuant to this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift, bequest, or donation if such terms are not inconsistent with this paragraph or any other applicable law. The Commission shall establish written criteria for determining whether to accept bequests, gifts, or donations of money or property pursuant to this paragraph. Such criteria shall take into consideration whether the acceptance of the gift, bequest, or donation would compromise the integrity of, or the appearance of the integrity of, the Nuclear Regulatory Commission or any officer or employee of the [Struck out->] Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this paragraph shall be considered as a gift, bequest, or devise to the United States.’. [<-Struck out] Commission;’.

SEC. 204. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k)) is amended to read as follows:

      ‘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--

        ‘(1) 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 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; and

        ‘(2) such of those employees of persons licensed or certified by the Commission (including employees of contractors of licensees or certificate holders) engaged 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;

      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 or of a Commission licensee or certificate holder (or a contractor of a licensee or certificate holder) 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 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 a licensee or certificate holder of the Commission, laws 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 any provision of this chapter 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 and the Commission, with the approval of the Attorney General, shall issue guidelines to implement this [Struck out->] subsection.’. [<-Struck out] subsection;’.

SEC. 205. SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE STORAGE FACILITIES UNDER CONSTRUCTION.

    Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended to read as follows:

    ‘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, treatment, or disposal facility licensed under this Act;

      ‘(3) any uranium enrichment or nuclear fuel fabrication facility licensed or certified by the Nuclear Regulatory Commission;

      ‘(4) 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 its construction where the destruction or damage caused or attempted to be caused could affect public health and safety during the operation of the facility; or

      ‘(5) any nuclear fuel for a utilization facility licensed under this Act, or any spent nuclear fuel from such a facility;

    shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.’.

SEC. 206. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended by adding after ‘custody of the Commission’ the following: ‘or subject to its licensing authority or to certification by the Commission under this Act or any other [Struck out->] Act.’. [<-Struck out] Act’.

SEC. 207. CONTINUATION OF COMMISSIONER SERVICE.

    Section 201(c) of the Energy Reorganization Act of 1974 (42 U.S.C. 5841(c)) is amended--

      (1) by inserting ‘(1)’ after ‘(c)’, and

      (2) by adding the following paragraph after paragraph (1):

    ‘(2) A member of the Commission whose term of office has expired may, subject to the removal power of the President, continue to serve as a member until the member’s successor has taken office, except that the member shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of the fixed term of office.’.