[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3920 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3920

 To provide for the licensing of all new Federal nuclear facilities by 
 the Nuclear Regulatory Commission, and to establish a Federal Nuclear 
  Facilities Regulatory Review Commission to recommend an approach to 
     subjecting existing Federal nuclear facilities to independent 
                              regulation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           Feburary 28, 1994

 Mr. Miller of California (for himself, Mr. Lehman, Mr. Sharp, and Mr. 
 DeFazio) introduced the following bill; which was referred jointly to 
    the Committees on Natural Resources, Energy and Commerce, Armed 
              Services, and Science, Space, and Technology

_______________________________________________________________________

                                 A BILL


 
 To provide for the licensing of all new Federal nuclear facilities by 
 the Nuclear Regulatory Commission, and to establish a Federal Nuclear 
  Facilities Regulatory Review Commission to recommend an approach to 
     subjecting existing Federal nuclear facilities to independent 
                              regulation.

    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 ``Federal Nuclear Facilities Licensing 
and Regulation Act''.

 TITLE I--NRC LICENSING OF NEW DEPARTMENT OF ENERGY NUCLEAR FACILITIES

SEC. 101. AMENDMENT TO ENERGY REORGANIZATION ACT OF 1974.

    Section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 
5842) is amended--
            (1) by inserting after the section designation the 
        following: ``(a) Certain Specific Facilities.--'' ; and
            (2) by adding at the end the following new subsection:
    ``(b) New Department of Energy Nuclear Facilities.--
            ``(1) Licensing requirements.--
                    ``(A) In general.--No person may construct or 
                operate any new Department of Energy nuclear facility 
                except under and in accordance with a license issued by 
                the Nuclear Regulatory Commission pursuant to--
                            ``(i) standards issued by the Administrator 
                        of the Environmental Protection Agency under 
                        paragraph (2); and
                            ``(ii) requirements and procedures 
                        established by the Commission by rule.
                    ``(B) Requirements and procedures.--The 
                requirements and procedures established under 
                subparagraph (A) shall--
                            ``(i) implement the standards issued by the 
                        Administrator of the Environmental Protection 
                        Agency under paragraph (2);
                            ``(ii) provide for extensive participation 
                        by the States and the public; and
                            ``(iii) include necessary protections for 
                        the national security.
            ``(2) Standards for protection from radioactive releases.--
        The Administrator of the Environmental Protection Agency shall, 
        by rule and pursuant to the authority under Reorganization Plan 
        No. 3 of 1970 (5 U.S.C. App.), issue standards for the 
        protection of the public health and safety and the environment 
        from radioactive releases from new Department of Energy nuclear 
        facilities. The Administrator shall issue the 1st such 
        standards not later than 2 years after the date of the 
        enactment of this subsection.
            ``(3) Presidential waiver.--
                    ``(A) In general.--The President may waive any 
                licensing requirement or standard imposed on the 
                Secretary of Energy pursuant to this subsection if the 
                President determines that the waiver is necessary for 
                national security reasons.
                    ``(B) Scope and duration.--Any waiver granted under 
                subparagraph (A) shall be limited in scope and duration 
                to that required for national security reasons.
                    ``(C) Notification of congress and public.--The 
                President shall provide written notification to the 
                Speaker of the House of Representatives and the 
                President pro tempore of the Senate, and shall make a 
                public announcement, of any waiver granted under 
                subparagraph (A) and the reasons therefor.
            ``(4) Coordination of provisions.--The provisions of this 
        subsection--
                    ``(A) shall not apply to any facility subject to 
                regulation under subsection (a);
                    ``(B) shall apply notwithstanding section 110 a. of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2140(a)) or 
                any other provision of such Act; and
                    ``(C) shall apply subject to section 110 b. of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2140(b)).
            ``(5) Definitions.--For purposes of this subsection:
                    ``(A) The term `Department of Energy nuclear 
                facility' means a facility that--
                            ``(i) is a production facility or 
                        utilization facility, or a facility for the 
                        processing, storage, or disposal of source 
                        material, byproduct material, or special 
                        nuclear material, as such terms are defined in 
                        section 11 of the Atomic Energy Act of 1954 (42 
                        U.S.C. 2014);
                            ``(ii) is under the control or jurisdiction 
                        of the Department of Energy, or of any 
                        successor in interest to Department of Energy 
                        nuclear facilities; and
                            ``(iii) is not covered by Executive Order 
                        12344 (42 U.S.C. 7158 note; relating to Naval 
                        Nuclear Propulsion Program).
                    ``(B) The term `new Department of Energy nuclear 
                facility' means a Department of Energy nuclear facility 
                that is not in existence, or under construction, on the 
                date of the enactment of this subsection.''.

   TITLE II--FEDERAL NUCLEAR FACILITIES REGULATORY REVIEW COMMISSION

SEC. 201. ESTABLISHMENT.

    There is established a commission to be known as the Federal 
Nuclear Facilities Regulatory Review Commission. The Commission shall 
be considered to be an advisory committee subject to the provisions of 
the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 202. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 13 
members as follows:
            (1) The Secretary of Energy (or a designee).
            (2) The Chairman of the Nuclear Regulatory Commission (or a 
        designee).
            (3) The Administrator of the Environmental Protection 
        Agency (or a designee).
            (4) The Chairman of the Defense Nuclear Facilities Safety 
        Board (or a designee).
            (5) The Secretary of Defense (or a designee).
            (6) 8 individuals appointed by the President not later than 
        90 days after the date of the enactment of this Act, as 
        follows:
                    (A) 2 Governors of host States for major Department 
                of Energy nuclear facilities (or their designees), at 
                least 1 of whom shall be from an agreement State under 
                section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2021).
                    (B) 1 representative of a major Department of 
                Energy nuclear facility contractor.
                    (C) 2 representatives of environmental 
                organizations active in oversight of Department of 
                Energy nuclear facilities, 1 of whom shall be a 
                representative of a national environmental organization 
                and 1 of whom shall be a representative of a regional 
                environmental organization.
                    (D) 1 tribal chairperson of an Indian tribe 
                affected by a Department of Energy nuclear facility (or 
                a designee).
                    (E) 1 member of the Secretary of Energy's former 
                Advisory Committee on Nuclear Facility Safety.
                    (F) 1 individual with expertise in health physics.
    (b) Terms.--Each member shall be appointed for the life of the 
Commission.
    (c) Compensation.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members of the Commission shall each be entitled to receive the 
        daily equivalent of the annual rate of basic pay for level III 
        of the Executive Schedule for each day (including travel time) 
        during which they are engaged in the actual performance of 
        duties vested in the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Commission.
            (3) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (d) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number may hold hearings.
    (e) Chairperson.--The Chairperson of the Commission shall be 
designated by the President from among the members appointed under 
subsection (a)(6) who are not currently directly involved in the 
management or oversight of any Department of Energy nuclear facility.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairperson or a majority of its members.

SEC. 203. DUTIES.

    (a) In General.--The duties of the Commission shall be to 
determine, and to recommend to the Congress, an approach to subjecting 
existing Department of Energy nuclear facilities to independent 
regulation.
    (b) Specific Issues.--In making the determination required by 
subsection (a), the Commission shall address the following issues:
            (1) The appropriate means of implementing independent 
        regulation of existing Department of Energy nuclear facilities, 
        including--
                    (A) the appropriate standard-setting agency or 
                agencies;
                    (B) the appropriate enforcement agency or agencies;
                    (C) the appropriate structure, procedures, and 
                scope of regulation;
                    (D) the most efficient means of transition to a 
                regulatory regime;
                    (E) the appropriate source for additional funding 
                required to carry out the new regulation; and
                    (F) the appropriate role of the States, Indian 
                tribes, and the public, in the regulatory process.
            (2) The appropriate manner of regulating mixed radioactive 
        and hazardous wastes and low-level radioactive waste.
            (3) Whether the authority to impose penalties under the 
        Price-Anderson civil penalty provisions of section 234A of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2282a) should be 
        transferred to the new regulator or regulators.
            (4) Issues relating to enforcement powers, including--
                    (A) shutdown authority;
                    (B) civil and criminal penalties;
                    (C) enforcement against the Department of Energy as 
                compared to enforcement against the Department of 
                Energy's contractors;
                    (D) elimination of exemptions for nonprofit 
                contractors such as universities;
                    (E) contractor liability for violations resulting 
                from Department of Energy requirements or from funding 
                limitations;
                    (F) protection of national security and safeguards 
                information; and
                    (G) presidential exemption from requirements for 
                national security reasons.
            (5) Any recommendations for revisions to the regulatory 
        regime established for new Department of Energy nuclear 
        facilities by the amendments made by title I.
            (6) Issues relating to the classification and 
        declassification of information by the Department of Energy, 
        including the designation and review of Restricted Data and 
        Unclassified Controlled Nuclear Information under sections 142 
        and 148 of the Atomic Energy Act of 1954 (42 U.S.C. 2163 and 
        2168), as such issues affect public participation in the 
        regulatory process.
            (7) Any other issue considered by the Commission to be 
        relevant to the determination required by subsection (a).
    (c) Public Participation.--In carrying out its duties under this 
section and throughout its deliberations, the Commission shall actively 
solicit the views and participation of the States, Indian tribes, local 
governments, businesses, citizens' organizations, and interested 
members of the public.

SEC. 204. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the Commission. The Director shall be paid at the rate of 
basic pay for level V of the Executive Schedule.
    (b) Staff.--With the approval of the Commission, the Director may 
appoint and fix the pay of additional personnel as the Director 
considers appropriate. Such additional personnel shall be paid at a 
rate not to exceed the maximum rate of basic pay payable for GS-15 of 
the General Schedule.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates.
    (d) Experts and Consultants.--With the approval of the Commission, 
the Director may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, but at rates for 
individuals not to exceed the daily equivalent of the maximum annual 
rate of basic pay payable for GS-15 of the General Schedule.
    (e) Staff of Federal Agencies.--Upon request of the Director, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of the department or agency to the 
Commission to assist it in carrying out its duties under this title.

SEC. 205. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this title, hold hearings, sit and act at times and 
places, take testimony, and receive evidence as the Commission 
considers appropriate. The Commission may administer oaths or 
affirmations to witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--
            (1) In general.--The Commission may secure directly from 
        any Federal department or agency information necessary to 
        enable it to carry out this title, including--
                    (A) Restricted Data, as defined in section 11 y. of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2014(y));
                    (B) other classified information;
                    (C) safeguards information subject to section 147 
                of the Atomic Energy Act of 1954 (42 U.S.C. 2167); and
                    (D) Unclassified Controlled Nuclear Information 
                subject to section 148 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2168).
            (2) Furnishing of information.--Upon a request for 
        information by the Chairperson of the Commission under 
        paragraph (1), the head of the Federal department or agency 
        shall furnish the information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal departments 
and agencies.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this title.
    (f) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        within the United States at any designated place of hearing 
        within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where that person is 
        found, resides, or transacts business. Any failure to obey the 
        order of the court may be punished by the court as civil 
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
            (5) Immunity.--The Commission is an agency of the United 
        States for the purpose of part V of title 18, United States 
        Code (relating to immunity of witnesses).

SEC. 206. REPORTS.

    (a) Interim Reports.--The Commission may submit to the Congress 
interim reports as the Commission considers appropriate.
    (b) Final Report.--The Commission shall transmit a final report to 
the Congress not later than 18 months after the date of the enactment 
of this Act. The final report shall contain a detailed statement of the 
findings and conclusions of the Commission, together with its 
recommendations for legislation and administrative actions.

SEC. 207. DEFINITIONS.

    For purposes of this title:
            (1) The term ``Commission'' means the Federal Nuclear 
        Facilities Regulatory Review Commission established by section 
        201.
            (2) The term ``Department of Energy nuclear facility'' 
        means a facility that--
                    (A) is a production facility or utilization 
                facility, or a facility for the processing, storage, or 
                disposal of source material, byproduct material, or 
                special nuclear material, as such terms are defined in 
                section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2014);
                    (B) is under the control or jurisdiction of the 
                Department of Energy, or of any successor in interest 
                to Department of Energy nuclear facilities; and
                    (C) is not covered by Executive Order 12344 (42 
                U.S.C. 7158 note; relating to Naval Nuclear Propulsion 
                Program).
            (3) The term ``existing Department of Energy nuclear 
        facility'' means a Department of Energy nuclear facility that 
        is in existence, or under construction, on the date of the 
        enactment of this Act.
            (4) The term ``independent regulation'' means regulation 
        under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) by 
        1 or more Federal agencies that are not part of, or otherwise 
        subject to the control of, the Department of Energy.

SEC. 208. TERMINATION.

    The Commission shall terminate 60 days after submitting its final 
report pursuant to section 206.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

                                 <all>

HR 3920 IH----2