[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3532 Reported in House (RH)]





                                                 Union Calendar No. 385

105th CONGRESS

  2d Session

                               H. R. 3532

                          [Report No. 105-680]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             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





                                                 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 <DELETED>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.''.</DELETED> 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 <DELETED>subsection.''.</DELETED> 
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 <DELETED>Act.''.</DELETED> 
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.''.