[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2313 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 531

103d CONGRESS

  2d Session

                                S. 2313

                          [Report No. 103-319]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for the Nuclear Regulatory Commission for 
          fiscal years 1994 and 1995, and for other purposes.

_______________________________________________________________________

                July 25 (legislative day, July 20), 1994

                         Placed on the calendar
                                                       Calendar No. 531
103d CONGRESS
  2d Session
                                S. 2313

                          [Report No. 103-319]

 To authorize appropriations for the Nuclear Regulatory Commission for 
          fiscal years 1994 and 1995, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 25 (legislative day, July 20), 1994

    Mr. Baucus, from the Committee on Environment and Public Works, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Nuclear Regulatory Commission for 
          fiscal years 1994 and 1995, 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 Regulatory 
Commission Authorization Act for Fiscal Years 1994 and 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE NUCLEAR REGULATORY 
                               COMMISSION

Sec. 101. Authorization of appropriations for fiscal years 1994 and 
                            1995.
Sec. 102. Allocation of amounts authorized.
Sec. 103. Retention of funds.
Sec. 104. Transfer of certain funds.
Sec. 105. Limitation.
           TITLE II--NUCLEAR POWER PLANT SAFETY AND SECURITY

Sec. 201. Notification requirements.
Sec. 202. Civil monetary penalties for violations of rules, 
                            regulations, orders, or licensing 
                            requirements.
Sec. 203. Report of Advisory Committee on Reactor Safeguards.
Sec. 204. Carrying of firearms by licensee employees.
Sec. 205. Unauthorized introduction of dangerous weapons.
Sec. 206. Sabotage of production, utilization, or waste storage 
                            facilities under construction.
Sec. 207. Civil penalties for violations of medical therapy licenses.
Sec. 208. Training and education for medical therapy licenses.

  TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE NUCLEAR REGULATORY 
                               COMMISSION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1994 AND 
              1995.

    (a) Salaries and Expenses.--In accordance with 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), there are 
authorized to be appropriated to the Nuclear Regulatory Commission, to 
remain available until expended--
            (1) $530,200,000 for fiscal year 1994, of which $22,000,000 
        are authorized to be appropriated from the Nuclear Waste Fund 
        established by section 302(c) of the Nuclear Waste Policy Act 
        of 1982 (42 U.S.C. 10222(c)) (referred to in this title as the 
        ``Nuclear Waste Fund''); and
            (2) $541,417,000 for fiscal year 1995, of which $22,000,000 
        are authorized to be appropriated from the Nuclear Waste Fund.
    (b) Office of the Inspector General.--In accordance with section 
1105(a)(25) of title 31, United States Code, there are authorized to be 
appropriated to the Office of the Inspector General of the Nuclear 
Regulatory Commission, to remain available until expended--
            (1) $4,800,000 for fiscal year 1994; and
            (2) $5,000,000 for fiscal year 1995.

SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED.

    (a) In General.--The amounts authorized to be appropriated under 
section 101(a) for fiscal years 1994 and 1995 shall be allocated as 
follows:
            (1) Reactor safety and safeguards regulation.--Not more 
        than $161,002,000 for fiscal year 1994, and not more than 
        $166,215,000 for fiscal year 1995, may be used for reactor 
        safety and safeguards regulation.
            (2) Reactor safety research.--Not more than $92,795,000 for 
        fiscal year 1994, and not more than $89,318,000 for fiscal year 
        1995, may be used for reactor safety research.
            (3) Reactor special and independent reviews, 
        investigations, and enforcement.--Not more than $30,731,000 for 
        fiscal year 1994, and not more than $31,674,000 for fiscal year 
        1995, may be used for reactor special and independent reviews, 
        investigations, and enforcement.
            (4) Nuclear material and low-level waste safety and 
        safeguards regulation.--Not more than $61,627,000 for fiscal 
        year 1994, and not more than $66,556,000 for fiscal year 1995, 
        may be used for nuclear material and low-level waste safety and 
        safeguards regulation.
            (5) High-level nuclear waste regulation.--Not more than 
        $22,000,000 for fiscal year 1994, and not more than $22,000,000 
        for fiscal year 1995, from the Nuclear Waste Fund, may be used 
        for high-level nuclear waste regulation.
            (6) Nuclear safety management and support.--Not more than 
        $162,045,000 for fiscal year 1994, and not more than 
        $165,654,000 for fiscal year 1995, may be used for nuclear 
        safety management and support.
    (b) Limitations Concerning Reactor Safety Research.--The Nuclear 
Regulatory Commission may use not more than 1 percent of the amounts 
allocated under subsection (a)(2) to exercise the authority of the 
Commission under section 31 a. of the Atomic Energy Act of 1954 (42 
U.S.C. 2051(a)) to make grants and enter into cooperative agreements 
with organizations, including universities, State and local 
governments, and not-for-profit institutions. Grants made by the 
Commission under such section 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), an amount allocated for a fiscal year to the Nuclear 
        Regulatory Commission pursuant to a paragraph of subsection (a) 
        for the purpose of the program referred to in the paragraph, 
        may be reallocated by the Commission for use in a program 
        referred to in any other paragraph of such subsection.
            (2) Limitation on reallocation.--The amount available from 
        appropriations for a fiscal year for use in a program referred 
        to in subsection (a) may not, as a result of reallocations made 
        under paragraph (1), be increased or reduced by more than 
        $500,000 until the date that is 30 days after the date on which 
        the Commission notifies the Committee on Energy and Commerce 
        and the Committee on Natural Resources of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate of the increase or reduction. The 
        notification shall contain a full and complete statement of the 
        reallocation to be made and the facts and circumstances relied 
        on in support of the reallocation.
            (3) Use of certain funds.--Amounts authorized to be 
        appropriated from the Nuclear Waste Fund under this title 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.

    Amounts received by the Nuclear Regulatory Commission for the 
cooperative nuclear safety research program, services rendered to 
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))--
            (1) notwithstanding section 3302 of title 31, United States 
        Code, may be retained and used, subject to appropriations, for 
        salaries and expenses associated with the activities referred 
        to in this section; and
            (2) shall remain available until expended.

SEC. 104. TRANSFER OF CERTAIN FUNDS.

    (a) In General.--Subject to subsection (b), from amounts 
appropriated to the Nuclear Regulatory Commission pursuant to section 
101(a), except for appropriations from the Nuclear Waste Fund, the 
Commission may transfer amounts to the Office of the Inspector General 
of the Commission.
    (b) Maximum Transfer.--For each fiscal year, the total amount 
transferred under subsection (a) may not exceed 5 percent of the amount 
authorized to be appropriated under section 101(b) for the fiscal year.

SEC. 105. LIMITATION.

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

           TITLE II--NUCLEAR POWER PLANT SAFETY AND SECURITY

SEC. 201. NOTIFICATION REQUIREMENTS.

    Section 206 of the Energy Reorganization Act of 1974 (42 U.S.C. 
5846) is amended to read as follows:

                            ``noncompliance

    ``Sec. 206. (a) In General.--A person who constructs, owns, 
operates, or supplies a component of a facility or activity that is 
licensed or otherwise regulated by the Commission pursuant to the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) (including a 
facility leased by the United States Enrichment Corporation established 
under title II of the Atomic Energy Act of 1954 (42 U.S.C. 2297 et 
seq.)), or pursuant to this Act, and who obtains information reasonably 
indicating that the facility or activity or a basic component supplied 
to the facility or activity contains a defect, or fails to comply with 
the Atomic Energy Act of 1954 or an applicable rule, regulation, order, 
or license of the Commission, shall immediately notify the Commission 
of the defect or failure to comply--
            ``(1) if the defect or failure to comply could create a 
        substantial safety hazard (as defined by regulations issued by 
        the Commission); and
            ``(2) unless the person has actual knowledge that the 
        Commission has been informed in writing of the defect or 
        failure to comply.
    ``(b) Regulations.--The Commission may issue such regulations and 
orders as the Commission considers necessary to ensure compliance with 
this section, including regulations and orders that require a person 
subject to this section to develop and implement procedures, consistent 
with the notification requirements of subsection (a), to identify, 
evaluate, and report defects and failures to comply.
    ``(c) Penalties for Failure to Notify.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        person who fails to provide a notification required under 
        subsection (a), or who violates a regulation or order issued 
        under subsection (b), shall be subject to a civil penalty in 
        the same manner and amount as is provided for a violation that 
        is subject to a civil penalty under section 234 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2282).
            ``(2) Exception.--An individual who is subject to this 
        section solely because of the employment of the individual by a 
        person subject to this section shall be assessed a civil 
        penalty for failure to provide notice pursuant to subsection 
        (a) only if the individual has actual knowledge of--
                    ``(A) the notification requirement of subsection 
                (a); and
                    ``(B) a defect or a failure to comply described in 
                subsection (a).
    ``(d) Posting of Requirements.--A description of the requirements 
of this section shall be prominently posted on the business premises of 
a person who is required to notify the Commission of a defect or 
failure to comply under subsection (a).
    ``(e) Inspection and Enforcement.--The Commission may conduct such 
reasonable inspections, investigations, and other enforcement 
activities as the Commission considers necessary to ensure compliance 
with this section and with any regulations and orders issued under this 
section.
    ``(f) Applicability.--
            ``(1) Definition of person.--As used in this section, the 
        term `person' has the same meaning as is provided in section 11 
        s. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(s)), except 
        that--
                    ``(A) the term also includes the Department of 
                Energy with respect to--
                            ``(i) a facility of the Department 
                        regulated by the Commission; and
                            ``(ii) an item provided by the Department 
                        as a component to a licensee; and
                    ``(B) the term does not include an individual 
                unless the individual is--
                            ``(i) a sole proprietor or partner of a 
                        business that constructs, owns, operates, or 
                        supplies a component referred to in subsection 
                        (a); or
                            ``(ii) a director or responsible officer 
                        employed by a person subject to such 
                        subsection.
            ``(2) United states enrichment corporation.--This section 
        shall apply to the United States Enrichment Corporation 
        established under title II of the Atomic Energy Act of 1954 (42 
        U.S.C. 2297 et seq.) and a facility leased by the Corporation, 
        and a director or officer of the Corporation, to the same 
        extent as this section applies to any other person subject to 
        this section.''.

SEC. 202. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF RULES, 
              REGULATIONS, ORDERS, OR LICENSING REQUIREMENTS.

    (a) In General.--Subsection a. of section 234 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2282(a)) is amended to read as follows:
    ``a. Civil Penalties.--
            ``(1) In general.--A person who--
                    ``(A) violates--
                            ``(i) a licensing provision of section 53, 
                        57, 62, 63, 81, 82, 101, 103, 104, 107, or 109, 
                        or a rule, regulation, or order issued under 
                        the provision;
                            ``(ii) a certification provision of section 
                        1701, or a rule or regulation issued under the 
                        provision;
                            ``(iii) a term, condition, or limitation of 
                        a license or certification issued under a 
                        section referred to in clause (i) or (ii); or
                            ``(iv) a rule, regulation, or order issued 
                        under subsection b., i., or o. of section 161; 
                        or
                    ``(B) commits a violation for which a license may 
                be revoked under section 186;
        shall be subject to a civil penalty, to be imposed by the 
        Commission, of not to exceed $100,000 for each such violation.
            ``(2) Continuing violations.--If a violation described in 
        paragraph (1) continues for more than 1 day, each day of the 
        violation shall constitute a separate violation for the purpose 
        of determining the applicable civil penalty.
            ``(3) Modification of penalty.--The Commission may 
        compromise, mitigate, or remit a penalty required to be imposed 
        under this subsection.''.
    (b) Conforming Amendments.--
            (1) Section 234 of such Act (42 U.S.C. 2282) is amended--
                    (A) in the section heading, by inserting ``Rules, 
                Regulations, Orders, or'' before ``Licensing 
                Requirements'';
                    (B) by inserting after ``b.'' the following: 
                ``Notification by the Commission.--''; and
                    (C) by inserting after ``c.'' the following: 
                ``Action by the Attorney General.--''.
            (2) The table of contents of such Act (42 U.S.C. prec. 
        2011) is amended by striking the item relating to section 234 
        and inserting the following new item:

``Sec. 234. Civil monetary penalties for violations of rules, 
                            regulations, orders, or licensing 
                            requirements.''.

SEC. 203. REPORT OF ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.

    The sixth sentence of section 29 of the Atomic Energy Act of 1954 
(42 U.S.C. 2039) is amended by striking ``annually'' and inserting 
``every 2 years''.

SEC. 204. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k)) 
is amended--
            (1) in the first complete sentence--
                    (A) by inserting ``and licensees (including 
                employees of contractors of licensees)'' after ``(at 
                any tier)''; and
                    (B) by striking ``owned by or contracted to the 
                United States or being transported to or from such 
                facilities'' and inserting ``owned by or contracted to 
                the United States or licensed by the Commission, or 
                being transported to or from the facilities,'';
            (2) in paragraph (1) of the fourth complete sentence, by 
        inserting ``or a licensee of the Commission'' after ``or a 
        contractor of the Department of Energy or Nuclear Regulatory 
        Commission''; and
            (3) in the last complete sentence, by inserting ``and the 
        Commission'' after ``The Secretary''.

SEC. 205. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    The first sentence of section 229 a. of the Atomic Energy Act of 
1954 (42 U.S.C. 2278a(a)) is amended by inserting before the period at 
the end the following: ``, or a production facility, utilization 
facility, or facility for the receipt, storage, or disposal of spent 
nuclear fuel that is subject to the licensing authority of the 
Commission under this Act or any other Act''.

SEC. 206. SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE STORAGE 
              FACILITIES UNDER CONSTRUCTION.

    (a) In General.--Subsection a. of section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284(a)) is amended to read as follows:
    ``a. In General.--A 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) a production facility or utilization facility 
        licensed under this Act;
            ``(2) a nuclear waste storage or disposal facility licensed 
        by the Commission under this Act or any other Act;
            ``(3) a production, utilization, or waste storage or 
        disposal facility subject to licensing by the Commission under 
        this Act or any other Act during the construction of the 
        facility, if the destruction or damage caused or attempted to 
        be caused could affect public health and safety during the 
        operation of the facility;
            ``(4) a nuclear fuel for a utilization facility licensed 
        under this Act, or a spent nuclear fuel from such a facility; 
        or
            ``(5) a uranium enrichment facility licensed by the Nuclear 
        Regulatory Commission;
shall be fined not more than $10,000 or imprisoned for not more than 10 
years, or both.''.
    (b) Conforming Amendment.--Section 236 of such Act (42 U.S.C. 2284) 
is amended by inserting after ``b.'' the following: ``Interruptions of 
Normal Operation.--''.

SEC. 207. CIVIL PENALTIES FOR VIOLATIONS OF MEDICAL THERAPY LICENSES.

    Section 234(a)(1) of the Atomic Energy Act of 1954 (42 U.S.C. 
2282(a)(1)) (as amended by section 202) is further amended by adding at 
the end the following new sentence: ``The Commission shall set a base 
amount of $20,000 for a violation of section 104 if the violation is of 
either a Severity Level I or II magnitude.''.

SEC. 208. TRAINING AND EDUCATION FOR MEDICAL THERAPY LICENSES.

    Not later than 1 year after the date of enactment of this Act, the 
Nuclear Regulatory Commission shall upgrade the education, training, 
and experience requirements for those persons permitted under license 
to possess nuclear byproduct materials for medical use.