[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2531 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2531

 To authorize appropriations for the Nuclear Regulatory Commission for 
               fiscal year 2000, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 1999

   Mr. Barton of Texas (for himself and Mr. Hall of Texas) (both by 
   request) introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Nuclear Regulatory Commission for 
               fiscal year 2000, 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 2000''.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000.

    (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), 
$465,400,000 for fiscal year 2000 to remain available until expended, 
of which $19,150,000 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, $6,000,000 for fiscal year 2000 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 2000 shall be allocated as follows:
            (1) Nuclear reactor safety.--$210,043,000 for the Nuclear 
        Reactor Safety Program.
            (2) Nuclear materials safety.--$63,881,000 for the Nuclear 
        Materials Safety Program.
            (3) Nuclear waste safety.--$42,143,000 for the Nuclear 
        Waste Safety Program.
            (4) International nuclear safety support program.--
        $4,840,000 may be used for the International Nuclear Safety 
        Support Program.
            (5) Management and support program.--$144,493,000 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 in a 
        quarter, 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. 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. 104. 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, 1999'' 
and inserting ``September 30, 2004''.

SEC. 105. COST RECOVERY FROM GOVERNMENT AGENCIES.

    Section 161 w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201w.) 
is amended--
            (1) by striking ``, or which operates any facility 
        regulated or certified under section 1701 or 1702,'';
            (2) by striking ``483 a.'' and inserting ``9701''; and
            (3) by inserting immediately before the period the 
        following: ``, and commencing October 1, 2000, prescribe and 
        collect from any other Government agency any fee, charge, or 
        price which it may require in accordance with such section 9701 
        or any other law''.

                       TITLE II--OTHER PROVISIONS

SEC. 201. 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 (A) facilities 
                owned or operated by a Commission licensee or 
                certificate holder that are designated by the 
                Commission, or (B) 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 facilities owned or operated by 
        a Commission licensee or certificate holder that are designated 
        by the Commission pursuant to this subsection and 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 subsection;''.

SEC. 202. 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 Act''.

SEC. 203. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

    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 nuclear fuel for a utilization facility licensed 
        under this Act or any spent nuclear fuel from such a facility,
            ``(4) any uranium enrichment or nuclear fuel fabrication 
        facility licensed or certified by the Nuclear Regulatory 
        Commission,
            ``(5) 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,
shall be fined not more than $10,000 or imprisoned for not more than 10 
years, or both.''.

SEC. 204. PERIOD OF A COMBINED LICENSE.

    Subsection 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 such section 
have been met.''.

SEC. 205. ELIMINATION OF FOREIGN OWNERSHIP PROHIBITIONS.

    (a) The second sentence of section 103 d. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2133(d)) is amended by inserting after ``license'' 
the following: ``for a production facility''.
    (b) The second sentence of section 104d. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2134d)) is amended by inserting after ``license'' 
the following: ``for a production facility''.

SEC. 206. ELIMINATION OF NRC ANTITRUST REVIEWS.

    Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is 
amended by adding at the end the following:
    ``d. Following the date of enactment of this subsection, subsection 
c. shall not apply to any pending or future application filed for a 
license to construct or operate a utilization facility under section 
103 or 104 b. This Act shall not affect the Commission's authority to 
enforce antitrust conditions included in licenses issued under section 
103 or 104 b. before the date of enactment of this subsection.''.

SEC. 207. ACTIONS RELATING TO SOURCE, BYPRODUCT, AND SPECIAL NUCLEAR 
              MATERIAL.

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended--
            (1) by inserting the following before the period at the end 
        of clause (K) of section 101(10) (42 U.S.C. 9601(10): ``, or 
        any release of such material in accordance with regulations of 
        the Nuclear Regulatory Commission following termination of a 
        license issued by such Commission pursuant to the Atomic Energy 
        Act of 1954 or by a State acting under an agreement entered 
        into pursuant to section 274 b. of such Act''.
            (2) by adding at the end of section 121(b) (42 U.S.C. 
        9621(b)) the following:
    ``(3) No authority of this Act may be used to commence an 
administrative or judicial action with respect to source, special 
nuclear, or byproduct material that is subject to decontamination 
regulations issued by the Nuclear Regulatory Commission for license 
termination under the Atomic Energy Act of 1954 or by a State that has 
entered into an agreement pursuant to section 274 b. of such Act unless 
such action is requested by such Commission or, in the case of such 
material under the jurisdiction of such a State, the Governor of the 
State.''.

SEC. 208. HEARINGS ON LICENSING URANIUM ENRICHMENT FACILITIES.

    Section 193(b)(1) of the Atomic Energy Act of 1954 (42 
U.S.C.2243(b)(1)) is amended by striking ``on the record''.

SEC. 209. 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 at the end the following:
    ``(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.''.

SEC. 210. 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 are hereby appropriated, without fiscal year limitation, 
        and shall be available to the Chairman of the Nuclear 
        Regulatory Commission without further appropriations action. 
        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 Commission;''.

SEC. 211. 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''.
                                 <all>