[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2016 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2016

  To authorize appropriations for, and improve the operation of, the 
         Nuclear Regulatory Commission, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2000

 Mr. Domenici introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for, and improve the operation of, the 
         Nuclear Regulatory Commission, 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 and Improvements Act of 2000''.

SEC. 2. DEFINITIONS.

    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is 
amended--
            (1) in subsection f., by striking ``Atomic Energy 
        Commission'' and inserting ``Nuclear Regulatory Commission''; 
        and
            (2) by adding at the end the following:
    ``(kk) Nuclear Decommissioning Obligation.--The term `nuclear 
decommissioning obligation' means an expense incurred to ensure the 
continued protection of the public from the dangers of any residual 
radioactivity or other hazards present at a facility at the time the 
facility is decommissioned, including all costs of actions required 
under rules, regulations and orders of the Commission for--
            ``(1) entombing, dismantling and decommissioning a 
        facility; and
            ``(2) administrative, preparatory, security and radiation 
        monitoring expenses associated with entombing, dismantling, and 
        decommissioning a facility.''.

SEC. 3. 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. 4. LICENSE PERIOD.

    Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) 
is amended--
            (1) by striking ``c. Each such'' and inserting the 
        following:
    ``c. License Period.--
            ``(1) In general.--Each such''; and
            (2) by adding at the end the following:
            ``(2) Combined licenses.--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, before operation 
        of the facility, that the acceptance criteria required by 
        section 185(b) are met.''.

SEC. 5. ELIMINATION OF FOREIGN OWNERSHIP PROHIBITIONS.

    (a) Commercial Licenses.--Section 103d. of the Atomic Energy Act of 
1954 (42 U.S.C. 2133(d)) is amended in the second sentence--
            (1) by inserting ``for a production facility'' after 
        ``license''; and
            (2) by striking ``any any'' and inserting ``any''.
    (b) Medical Therapy and Research and Development Licenses.--Section 
104d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended 
in the second sentence by inserting ``for a production facility'' after 
``license''.

SEC. 6. 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) Applicability.--Subsection (c) shall not apply to an 
application for a license to construct or operate a utilization 
facility under section 103 or 104(b) that is pending on or that is 
filed on or after the date of enactment of this subsection.''.

SEC. 7. GIFT ACCEPTANCE AUTHORITY.

    (a) In General.--Section 161g. of the Atomic Energy Act of 1954 (42 
U.S.C. 2201(g)) is amended--
            (1) by striking ``g.'' and inserting ``(g)(1)'';
            (2) by striking ``this Act;'' and inserting ``this Act; 
        or''; and
            (3) by adding at the end the following:
            ``(2) accept, hold, utilize, sell, and administer gifts of 
        real and personal property for the purpose of aiding or 
        facilitating the work of the Commission.''.
    (b) Nuclear Regulatory Commission Fund.--
            (1) In general.--Chapter 14 of title I of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at 
        the end the following:

``SEC. 170C. NUCLEAR REGULATORY COMMISSION FUND.

    ``(a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Nuclear Regulatory Commission 
Fund'' (referred to in this section as the `Fund').
    ``(b) Deposits in Fund.--Any gift accepted under section 161g.(2), 
or net proceeds of the sale of such a gift, shall be deposited in the 
Fund.
    ``(c) Use.--
            ``(1) In general.--Amounts in the Fund shall, without 
        further Act of appropriation, be available to the Chairman of 
        the Commission.
            ``(2) Consistency with gift.--Gifts accepted under this 
        section 161g.(2) shall be used as nearly as possible in 
        accordance with the terms of the gift, if those terms are not 
        inconsistent with this section or any other applicable law.
    ``(d) Criteria.--
            ``(1) In general.--The Commission shall establish written 
        criteria for determining whether to accept gifts under section 
        161g.(2).
            ``(2) Considerations.--The criteria under paragraph (1) 
        shall take into consideration whether the acceptance of the 
        gift would compromise the integrity of, or the appearance of 
        the integrity of, the Commission or any officer or employee of 
        the Commission.''.
            (2) Conforming and technical amendments.--The table of 
        contents of chapter 14 of title I of the Atomic Energy Act of 
        1954 (42 U.S.C. prec. 2011) (as amended by section 2(b)) is 
        amended by adding at the end the following:

``Sec. 170B. Uranium supply.
``Sec. 170C. Nuclear Regulatory Commission Fund.''.

SEC. 8. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    (a) In General.--Chapter 14 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2201 et seq.) (as amended by section 7(b)(1)) is 
amended--
            (1) in section 161, by striking subsection k. and inserting 
        the following:
    ``(k) authorize to carry a firearm in the performance of official 
duties such of its members, officers, and employees, such of the 
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, and such of the 
employees of persons licensed or certified by the Commission (including 
employees of contractors of licensees or certificate holders) engaged 
in the protection of facilities owned or operated by a Commission 
licensee or certificate holder that are designated by the Commission or 
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, as the Commission considers necessary in the interest of 
the common defense and security;'' and
            (2) by adding at the end the following:

``SEC. 170D. CARRYING OF FIREARMS.

    ``(a) Authority To Make Arrest.--
            ``(1) In general.--A person authorized under section 161k. 
        to carry a firearm may, while in the performance of, and in 
        connection with, official duties, arrest an individual without 
        a warrant for any offense against the United States committed 
        in the presence of the person or for any felony under the laws 
        of the United States if the person has a reasonable ground to 
        believe that the individual has committed or is committing such 
        a felony.
            ``(2) Limitation.--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 make an arrest under paragraph (1) may make an 
        arrest only--
                    ``(A) when the individual is within, or is in 
                flight directly from, the area in which the offense was 
                committed; and
                    ``(B) in the enforcement of--
                            ``(i) a law regarding the property of the 
                        United States in the custody of the Department 
                        of Energy, the Commission, or a contractor of 
                        the Department of Energy or the Commission or a 
                        licensee or certificate holder of the 
                        Commission;
                            ``(ii) a law applicable to facilities owned 
                        or operated by a Commission licensee or 
                        certificate holder that are designated by the 
                        Commission under section 161k.;
                            ``(iii) a law 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
                            ``(iv) any provision of this Act that 
                        subjects an offender to a fine, imprisonment, 
                        or both.
            ``(3) Other authority.--The arrest authority conferred by 
        this section is in addition to any arrest authority under other 
        law.
            ``(4) Guidelines.--The Secretary and the Commission, with 
        the approval of the Attorney General, shall issue guidelines to 
        implement section 161k. and this subsection.''.
    (b) Conforming and Technical Amendments.--The table of contents of 
chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. prec. 
2011) (as amended by section 7(b)(2)) is amended by adding at the end 
the following:

``Sec. 170D. Carrying of firearms.''.

SEC. 9. COST RECOVERY FROM GOVERNMENT AGENCIES.

    Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) 
is amended--
            (1) by striking ``or which operates any facility regulated 
        or certified under section 1701 or 1702,'';
            (2) by striking ``section 483a of title 31 of the United 
        States Code'' and inserting ``section 9701 of title 31, United 
        States Code,''; and
            (3) by inserting before the period at the end the 
        following: ``; and commencing on October 1, 2000, prescribe and 
        collect from any other Government agency, any fee, charge, or 
        price that the Commission may require in accordance with 
        section 9701 of title 31, United States Code, or any other 
        law''.

SEC. 10. HEARING PROCEDURES.

    Section 189 a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 
2239(a)(1)) is amended by adding at the end the following:
                    ``(C) Hearings.--A hearing under this section shall 
                be conducted using informal adjudicatory procedures 
                established under sections 553 and 555 of title 5, 
                United States Code, unless the Commission determines 
                that formal adjudicatory procedures are necessary--
                            ``(i) to develop a sufficient record; or
                            ``(ii) to achieve fairness.''.

SEC. 11. HEARINGS ON LICENSING OF 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. 12. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) 
is amended in the first sentence by inserting ``or subject to the 
licensing authority of the Commission or to certification by the 
Commission under this Act or any other Act'' before the period at the 
end.

SEC. 13. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

    Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) 
is amended--
            (1) in paragraph (2), by striking ``storage facility'' and 
        inserting ``storage, treatment, or disposal facility'';
            (2) in paragraph (3)--
                    (A) by striking ``such a utilization facility'' and 
                inserting ``a utilization facility licensed under this 
                Act''; and
                    (B) by striking ``or'' at the end;
            (3) in paragraph (4)--
                    (A) by striking ``facility licensed'' and inserting 
                ``or nuclear fuel fabrication facility licensed or 
                certified''; and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (4) by adding at the end the following:
            ``(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 construction of the facility, if the 
        person knows or reasonably should know that there is a 
        significant possibility that the destruction or damage caused 
        or attempted to be caused could adversely affect public health 
        and safety during the operation of the facility;''.

SEC. 14. NUCLEAR DECOMMISSIONING OBLIGATIONS OF NONLICENSEES.

    The Atomic Energy Act of 1954 is amended by inserting after section 
241 (42 U.S.C. 2015) the following:

``SEC. 242. NUCLEAR DECOMMISSIONING OBLIGATIONS OF NONLICENSEES.

    ``(a) Definition of Facility.--In this section, the term `facility' 
means a commercial nuclear electric generating facility for which a 
nuclear decommissioning obligation is incurred.
    ``(b) Decommissioning Obligations.--After public notice and in 
accordance with section 181, the Commission shall establish by rule, 
regulation, or order any requirement that the Commission considers 
necessary to ensure that a person that is not a licensee (including a 
former licensee) complies fully with any nuclear decommissioning 
obligation.''.

SEC. 15. CONTINUATION OF COMMISSIONER SERVICE.

    Section 201(c) of the Energy Reorganization Act of 1974 (42 U.S.C. 
5841(c)) is amended--
            (1) by striking ``(c) Each member'' and inserting the 
        following:
    ``(c) Term.--
            ``(1) In general.--Each member''; and
            (2) by adding at the end the following:
            ``(2) Continuation of service.--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 after expiration of the fixed term of 
        office.''.

SEC. 16. LIMITATIONS ON ACTIONS RELATING TO SOURCE, BYPRODUCT, AND 
              SPECIAL NUCLEAR MATERIAL.

    (a) Definition of Federally Permitted Release.--Section 101 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601) is amended by striking the period at the end 
and inserting ``, or any release of such material in accordance with 
regulations of the Nuclear Regulatory Commission following termination 
of a license issued by the Commission under the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.) or by a State acting under an agreement 
entered into under section 274b. of that Act (42 U.S.C. 2021b.).''.
    (b) Limitation on Actions.--Section 121(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9621(b)) is amended by adding at the end the following:
            ``(3) Limitation on actions relating to source, byproduct, 
        and special nuclear material.--No authority under 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 (42 U.S.C. 2011 et seq.) or by a State that 
        has entered into an agreement under section 274b. of that Act 
        (42 U.S.C. 2021b.) unless the action is requested by the 
        Nuclear Regulatory Commission or, in the case of material under 
        the jurisdiction of a State that has entered into such an 
        agreement, the Governor of the State.''.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001.

    (a) In General.--
            (1) Salaries and expenses.--There is authorized to be 
        appropriated to the Nuclear Regulatory Commission 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) $465,400,000 for fiscal year 2001, to remain 
        available until expended, of which $19,150,000 is authorized to 
        be appropriated from the Nuclear Waste Fund established by 
        section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10222).
            (2) Office of inspector general.--There is authorized to be 
        appropriated to the Office of Inspector General of the Nuclear 
        Regulatory Commission $6,000,000 for fiscal year 2001, to 
        remain available until expended.
    (b) Allocation of Amounts Authorized.--
            (1) In general.--The amounts authorized to be appropriated 
        under subsection (a)(1) shall be allocated as follows:
                    (A) Nuclear reactor safety.--$210,043,000 shall be 
                used for the Nuclear Reactor Safety Program.
                    (B) Nuclear materials safety.--$63,881,000 shall be 
                used for the Nuclear Materials Safety Program.
                    (C) Nuclear waste safety.--$42,143,000 shall be 
                used for the Nuclear Waste Safety Program.
                    (D) International nuclear safety support program.--
                $4,840,000 shall be used for the International Nuclear 
                Safety Support Program.
                    (E) Management and support program.--$144,493,000 
                shall be used for the Management and Support Program.
            (2) Limitation.--The Nuclear Regulatory Commission may use 
        not more than 1 percent of the amounts allocated under 
        paragraph (1) to exercise 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.
            (3) Reallocation.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), any amount allocated for a 
                fiscal year under any subparagraph of paragraph (1) for 
                the program referred to in that subparagraph may be 
                reallocated by the Nuclear Regulatory Commission for 
                use in a program referred to in any other such 
                subparagraph.
                    (B) Limitation.--
                            (i) Advance notification.--The amount made 
                        available from appropriations for use for any 
                        program referred to in any subparagraph of 
                        paragraph (1) may not, as a result of a 
                        reallocation under subparagraph (A), be 
                        increased or decreased by more than $1,000,000 
                        for a quarter unless the Commission provides 
                        advance notification of the reallocation to the 
                        Committee on Commerce of the House of 
                        Representatives and the Committee on 
                        Environment and Public Works of the Senate.
                            (ii) Contents.--A notification under clause 
                        (i) shall contain a complete statement of the 
                        reallocation to be made and the facts and 
                        circumstances relied on in support of the 
                        reallocation.
                    (C) Use of certain funds.--Funds authorized to be 
                appropriated from the Nuclear Waste Fund--
                            (i) may be used only for the high-level 
                        nuclear waste activities of the Commission; and
                            (ii) may not be reallocated for other 
                        Commission activities.
    (c) Limitation.--No authority to make payments under this section 
shall be effective except to such extent or in such amounts as are 
provided in advance in appropriation Acts.

SEC. 18. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall be effective on the date of 
enactment of this Act.
    (b) Decommissioning and License Removal.--The amendments made by 
sections 14 and 16 take effect on the date that is 180 days after the 
date of enactment of this Act.
                                 <all>