[House Report 106-415]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-415

======================================================================



 
  NUCLEAR REGULATORY COMMISSION AUTHORIZATION ACT FOR FISCAL YEAR 2000

                                _______


October 26, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2531]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 2531) to authorize appropriations for the Nuclear 
Regulatory Commission for fiscal year 2000, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     5
Hearings.........................................................     7
Committee Consideration..........................................     7
Committee Votes..................................................     7
Committee Oversight Findings.....................................     7
Committee on Government Reform Oversight Findings................     8
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Committee Cost Estimate..........................................     8
Congressional Budget Office Estimate.............................     8
Federal Mandates Statement.......................................    10
Advisory Committee Statement.....................................    10
Constitutional Authority Statement...............................    11
Applicability to Legislative Branch..............................    11
Section-by-Section Analysis of the Legislation...................    11
Changes in Existing Law Made by the Bill, as Reported............    14
Additional Views.................................................    19

                               Amendment

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 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 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 161 k. 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 229 a. 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 236 a. 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. 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. 206. COMMISSION MEETINGS.

  (a) Conduct of Meetings.--Except as provided in subsection (b), the 
Nuclear Regulatory Commission shall hold any meeting in accordance with 
the regulations set forth in sections 9.100 through 9.109 of title 10 
of the Code of Federal Regulations, as in effect on January 1, 1985.
  (b) Transcript Requirement.--The Commission shall maintain a complete 
transcript or electronic recording adequate to record fully the 
proceedings of any closed meeting.
  (c) Definitions.--For the purposes of this section--
          (1) Meeting.--The term ``meeting'' has the meaning given such 
        term in section 9.101(c) of title 10 of the Code of Federal 
        Regulations, as in effect on January 1, 1985, and shall be 
        construed to include preliminary discussions, and staff 
        briefings, of a quorum of the members of the Commission 
        involving official Commission business.
          (2) Closed meeting.--The term ``closed meeting'' has the 
        meaning given such term in section 9.101(d) of title 10 of the 
        Code of Federal Regulations, as in effect on January 1, 1985.

                          Purpose and Summary

    H.R. 2531 authorizes the activities of the Nuclear 
Regulatory Commission (NRC or the Commission) for Fiscal Year 
2000, extends the authorization for the NRC to collect 100 
percent of its budget through user fees and annual charges to 
the end of Fiscal Year 2004, and makes a number of minor 
changes to the Commission's authorizing statutes. The NRC is 
responsible for regulating the Nation's utilization of 
radioactive materials and ensuring the protection of public 
health and safety.

                  Background and Need for Legislation

    Congress established the NRC in the Energy Reorganization 
Act of 1974 (42 U.S.C. 5801 et seq.). As part of its broader 
requirement to consolidate all energy-related functions of the 
Federal government and create the Department of Energy (DOE), 
the Act also eliminated the Atomic Energy Commission (AEC) and 
created the NRC as an independent agency in its place.
    Under its regulatory authorities as established under the 
Energy Reorganization Act (42 U.S.C. 5801 et seq.) and the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the NRC is 
responsible for regulating the civilian use of radioactive 
materials, including industrial applications, medical and 
academic uses, and commercial nuclear power generation. Its 
regulatory role also extends to the transportation, storage, 
and disposal of nuclear materials and waste.
    In general, any use of nuclear materials requires the user 
or handler to have a license issued by the Commission (or, in 
the case of approved Agreement States, by the involved State) 
to undertake such activities. This applies to nearly every 
aspect of matters involving nuclear materials--from the 
construction and operation of nuclear reactors, to the 
transportation or handling of radioactive materials, to the 
design of nuclear waste disposal sites. With this licenser/
licensee relationship, the threat of license revocation and the 
use of civil penalties are the Commission's primary means of 
ensuring compliance with its regulations.
    Until the 99th Congress, the NRC had received a regular 
biennial authorization from Congress. Since Fiscal Year 1985, 
the Commission has depended on the permanent statutory 
authority of the Atomic Energy Act (42 U.S.C. 2011 et seq.) and 
the Energy Reorganization Act (42 U.S.C. 5801 et seq.) to 
conduct its activities. The funding levels included in H.R. 
2531 represent the Commission's request to Congress for Fiscal 
Year 2000. For Fiscal Year 2000, the NRC has requested a total 
of $471,400,000 for its activities, an increase of 0.3 percent 
over the Fiscal Year 1999 enacted level of funding of 
$469,800,000. The NRC budget is subdivided into five strategic 
arenas.

                         Nuclear Reactor Safety

    This function is responsible specifically for the 
regulation of civilian nuclear reactors, from the design and 
construction of reactors to their actual operation. Currently, 
there are 103 civilian power reactors licensed to operate in 
the United States, and 52 licensed non-power test and research 
reactors, of which 37 have current operating licenses. Programs 
under Nuclear Reactor Safety include: reactor licensing; 
reactor license renewal; reactor inspection; reactor 
performance assessment; reactor incident response; reactor 
operational experience evaluation; reactor technical training; 
reactor enforcement actions; reactor investigations; reactor 
and plant performance research; reactor materials and component 
behavior research; reactor legal advice; and reactor 
adjudication. For Fiscal Year 2000, H.R. 2531 authorizes 
$210,043,000 for Nuclear Reactor Safety, slightly less than the 
Fiscal Year 1999 enacted level of $210,350,000.

                        Nuclear Materials Safety

    Nuclear Materials Safety includes the regulation of nuclear 
fuel cycle facilities and nuclear materials activities, and 
encompasses more than 20,000 specific and 100,000 general 
licensees. These licensees are regulated by the Commission and 
by the 30 Agreement States. Nuclear Materials Safety includes 
the following programs: fuel facilities licensing and 
inspection; spent fuel storage and transportation licensing and 
inspection; nuclear materials users licensing and inspection; 
State programs; materials research; materials incident 
response; materials operational experience evaluation; 
materials technical training; materials enforcement actions; 
materials investigations; materials legal advice; materials 
adjudication; and regulatory assistance to theDepartment of 
Energy. H.R. 2531 authorizes $63,881,000 in Fiscal Year 2000 for 
Nuclear Materials Safety, a 3.5 percent increase over the Fiscal Year 
1999 enacted level of $61,708,000.

                          Nuclear Waste Safety

    This strategic area of the NRC's mission includes 
activities associated with the safe disposal of spent fuel from 
reactors, licensing and inspection of spent nuclear fuel 
storage facilities and transportation canisters, nuclear waste 
from the decommissioning of nuclear facilities, and low-level 
radioactive waste from reactor operations and various other 
medical, academic, industrial, and commercial uses. This 
strategic arena also includes NRC's regulation of uranium 
recovery under the Uranium Mill Tailings Radiation Control Act 
of 1978 (42 U.S.C. 7901 et. seq.), as amended. Specific 
programs include: high-level waste regulation; regulation of 
low-level waste; regulation of decommissioning; radionuclide 
transport and decommissioning; uranium recovery licensing and 
inspection; and non-high-level waste safety advice. For Fiscal 
Year 2000, the bill authorizes $42,143,000 for Nuclear Waste 
Safety, an 8.8 percent increase from the Fiscal Year 1999 
enacted level of $38,742,000. This figure includes an 
authorization for appropriation of $19,150,000 from the Nuclear 
Waste Fund to pay for the high-level nuclear waste activities 
of the Commission.

                  International Nuclear Safety Support

    In the international arena, the NRC is responsible for: 
representation of the United States in international policy 
forums; international nuclear policy formulation; licensing of 
exports and imports of nuclear materials and equipment; treaty 
implementation; international information exchange; 
international nuclear safety and safeguards assistance; and 
deterrence of nuclear proliferation. H.R. 2531 authorizes 
$4,840,000 in Fiscal Year 2000 for International Nuclear Safety 
Support, a 23 percent increase over the Fiscal Year 1999 
enacted level of $3,931,000.

                         Management and Support

    This account includes all of the NRC's administrative and 
managerial support. For Fiscal Year 2000, H.R. 2531 authorizes 
$144,493,000 for Management and Support, a 3.9 percent decrease 
from the Fiscal Year 1999 enacted level of $150,269,000.
    In addition to the aforementioned strategic arenas, the 
NRC's Inspector General is charged with broad responsibility 
for the independent review of all NRC programs, through audits, 
investigations, event inquiries, and special evaluations. This 
includes oversight of NRC's whistleblower investigation and 
protection programs. The bill authorizes $6,000,000 Fiscal Year 
2000 for its Inspector General program, an increase of 25% over 
the Fiscal Year 1999 enacted level of $4,800,000.

                                Hearings

    The Subcommittee on Energy and Power held a hearing on H.R. 
2531, the Nuclear Regulatory Commission Authorization Act for 
Fiscal Year 2000, on July 21, 1999. The Subcommittee received 
testimony from: The Honorable Greta Joy Dicus, Chairman, U.S. 
Nuclear Regulatory Commission; The Honorable Edward McGaffigan, 
Jr., Commissioner, U.S. Nuclear Regulatory Commission; The 
Honorable Jeffrey S. Merrifield, Commissioner, U.S. Nuclear 
Regulatory Commission; the Honorable Timothy Fields, Assistant 
Administrator for Solid Waste and Emergency Response, 
Environmental Protection Agency; Mr. Ralph Beedle, Senior Vice 
President and Chief Nuclear Officer, Nuclear Energy Institute; 
and Mr. David Adelman, Project Attorney, Natural Resources 
Defense Council.

                        Committee Consideration

    On September 23, 1999, the Subcommittee on Energy and Power 
met in open markup session and H.R. 2531, the Nuclear 
Regulatory Commission Authorization Act for Fiscal Year 2000, 
for Full Committee consideration, amended, by a voice vote. On 
September 29, 1999, the Committee on Commerce met in open 
markup session and ordered H.R. 2531 reported to the House, as 
amended, by a voice vote, a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House requires 
the Committee to list the record votes on the motion to report 
legislation and amendments thereto. There were no record votes 
taken in connection with ordering H.R. 2531 reported. An 
amendment by Mr. Markey to add a new section directing the 
Nuclear Regulatory Commission (NRC) to develop national 
standards for release of surface-contaminated and 
volumetrically-contaminated materials, prohibiting the release 
of volumetrically-contaminated materials until NRC issues a 
final rule, was withdrawn by unanimous consent. A motion by Mr. 
Bliley to order H.R. 2531 reported to the House, as amended, 
was agreed to by a voice vote, a quorum being present.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a legislative 
hearing and made findings that are reflected in this report.

           Committee on Government Reform Oversight Findings

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2531, the Nuclear Regulatory Commission Authorization Act for 
Fiscal Year 2000, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 21, 1999.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2531, the Nuclear 
Regulatory Commission Authorization Act for Fiscal Year 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark Hadley 
(for federal costs), Lisa Cash Driskill (for the state and 
local impact), and Jean Wooster (for the private-sector 
impact).
            Sincerely,
                                         Barry B. Anderson,
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2531--Nuclear Regulatory Commission Authorization Act for Fiscal 
        Year 2000

    Summary: H.R. 2531 would authorize the appropriation of 
$465 million in 2000 for the Nuclear Regulatory Commission 
(NRC) and $6 million for the NRC's Office of Inspector General. 
Of these amounts, $19 million would be authorized to be 
appropriated from the Nuclear Waste Trust Fund, with the 
remainder coming from the general fund of the Treasury. The 
bill would extend the NRC's authority to offset all of its 
general fund appropriations with fees and annual charges 
through 2004. Under current law, this authority would otherwise 
expire at the end of fiscal year 2000. For 2000, the NRC has 
received an appropriation of $465 million, and the NRC's Office 
of Inspector General received an appropriation of $5 million. 
Thus, enactment of H.R. 2531 would authorize the appropriation 
of an additional $1 million in 2000 above the amounts already 
appropriated for this agency.
    H.R. 2531 would establish a new criminal penalty for the 
sabotage of nuclear production, utilization, or waste storage 
facilities. Because this provision would affect direct spending 
and receipts, pay-as-you-go procedures would apply to the bill, 
but CBO estimates such effects would be less than $500,000 a 
year.
    By extending the NRC's authority to collect fees from 
utilities, H.R. 2531 would impose both an intergovernmental and 
private-sector mandate as defined by the Unfunded Mandates 
Reform Act (UMRA). That mandate would not impose costs above 
the threshold established in UMRA for intergovernmental 
mandates ($50 million in 1996, adjusted for inflation). CBO 
cannot, however, determine whether the direct costs of the 
mandate would exceed the annual threshold for private-sector 
mandates ($100 million in 1996, adjusted for inflation) because 
UMRA does not clearly specify how to determine the direct costs 
associated with extending an existing mandate that has not yet 
expired. Depending on how they are measured, the direct costs 
to the private sector could exceed the threshold.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2531 is shown in the following table. 
The costs of this legislation fall within budget function 270 
(energy).

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars
                                                     -----------------------------------------------------------
                                                        1999      2000      2001      2002      2003      2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Net NRC Spending Under Current Law:
    Budget Authority \1\............................        20        23         0         0         0         0
    Estimated Outlays...............................        26        42       116         0         0         0
Proposed Changes:
    NRC Spending:
        Authorization Level.........................         0         1         0         0         0         0
        Estimated Outlays...........................         0         1         0         0         0         0
    Offsetting Collections:
        Authorization Level.........................         0        -1         0         0         0         0
        Estimated Outlays...........................         0        -1         0         0         0         0
Net NRC Spending Under H.R. 2531:
    Budget Authority \1\............................        20        23         0         0         0         0
    Estimated Outlays...............................        26        42       116         0         0         0
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 and 2000 levels are the net amounts appropriated for those years (gross appropriations less
  offsetting collections).

    Basis of estimate: For purposes of this estimate, we assume 
the additional $1 million authorized for 2000 by this bill will 
be provided.
    The bill also would establish a new criminal penalty for 
the sabotage of nuclear production, utilization, or waste 
storage facilities. CBO estimates that enacting this provision 
would increase government receipts by less than $500,000 a 
year. Criminal fines are deposited in the Crime Victims Fund 
and are spent in subsequent years. Thus, any resulting change 
in direct spending from the fund would also amount to less than 
$500,000 annually.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. CBO 
estimates that enacting H.R. 2531 would result in net changes 
in direct spending and governmental receipts of less than 
$500,000 a year.
    Intergovernmental and private-sector impact: The NRC 
currently collects annual fees from its licensees sufficient to 
offset its general fund appropriation. The NRC's existing 
authority to impose these fees expires at the end of fiscal 
year 2000. H.R. 2531 would extend the NRC's current authority 
to charge annual fees to offset all of its general fund 
appropriation through fiscal year 2004. The requirement to pay 
these fees would be both an intergovernmental and private-
sector mandate as defined in UMRA.
    Under current law, when the NRC's authority to collect fees 
to offset its general fund appropriation expires at the end of 
2000, CBO estimates that the utilities would pay fees equal to 
about one-third of NRC's appropriation, or $155 million in 
2001. Under the extension of NRC's authority in H.R. 2531 and 
assuming the 2000 appropriation level is maintained through 
2004, utilities would pay $451 million in fees each year 
through 2004, or $296 million more each year than they would 
pay under current law. Most of the annual fees would be paid by 
private, investor-owned nuclear utilities (less than 5 percent 
would be paid by nonfederal, publicly owned utilities).
    CBO cannot determine whether this mandate would impose any 
costs as defined in UMRA because the law is unclear about how 
to measure costs associated with extending an existing mandate 
that has not yet expired. Measured against the costs that would 
be incurred if current law remains in place and the annual fee 
declines, the total cost to the private sector of extending 
this mandate would be $296 million annually, beginning in 
fiscal year 2001. In that case, the cost of the mandate would 
exceed the annual threshold for the private sector as defined 
in UMRA. By contrast, the costs could be measured against the 
current level of fees. In that case, the mandate would impose 
no additional costs on the private sector because the fees 
under H.R. 2531 would not differ much from those currently in 
effect. In either case, CBO estimates that the total costs to 
state, local, and tribal governments would be below the 
threshold for intergovernmental mandates established in UMRA.
    Estimate prepared by: Federal Costs: Mark Hadley; impact on 
State, Local, and Tribal Governments: Lisa Cash Driskill; and 
impact on the Private Sector: Jean Wooster.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    The section provides that the short title of the bill is 
the ``Nuclear Regulatory Commission Authorization Act for 
Fiscal Year 2000.''

                         title i--authorization

Section 101. Authorization of appropriations for fiscal year 2000

    This section provides for an aggregate total authorization 
for NRC spending for Fiscal Year 2000 of $465,400,000, of which 
$19,150,000 is authorized to be appropriated from the Nuclear 
Waste Fund. It also authorizes a total of $6 million for the 
NRC Inspector General in Fiscal Year 2000.

Section 102. Allocation of amounts authorized

    The section allocates the aggregate funding to the NRC's 
various programs: $210,043,000 for Nuclear Reactor Safety; 
$63,881,000 for Nuclear Materials Safety; $42,143,000 for 
Nuclear Waste Safety; $4,840,000 for the International Nuclear 
Safety Support Program; and $144,493,000 for the Management and 
Support Program.
    This section also limits to not more than one percent of 
the aggregate authorization, not including the amount 
authorized for the NRC Inspector General, the funds which may 
be utilized for grants and cooperative agreements with non-
Federal organizations. This language also allows the Commission 
to reallocate resources to programs of the NRC, but requires 
the notification of the Committee on Commerce in the House and 
the Committee on Environment and Public Works in the Senate of 
such reallocation if involving more than $1 million. 
Additionally, any funding from the Nuclear Waste Fund is 
limited solely for high-level nuclear waste activities and may 
not be reallocated for other NRC activities.

Section 103. Limitation

    The section limits payments authorized under this Act for 
salaries or expenses to those amounts provided by 
appropriations. This language is required by section 401(a) of 
the Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344, 88 Stat. 297).

Section 104. NRC user fees and annual charges

    The section amends section 6101(a)(3) of the Omnibus Budget 
Reconciliation Act of 1990 (Public Law 101-508, 104 Stat. 
1388), to extend the NRC's current authority to collect user 
fees and annual charges until September 30, 2004. NRC's 
authority to collect these user fees and annual charges was 
provided in section 6101 of the Omnibus Budget Reconciliation 
Act of 1990 (Public Law 101-508, 104 Stat. 1388), and was 
extended by subsequent Energy and Water Development 
Appropriations Acts until September 30, 2000.

Section 105. Cost recovery from government agencies

    This section authorizes the Commission, beginning in Fiscal 
Year 2001, to assess and collect fees from other Federal 
agencies in return for services rendered by the NRC, rather 
than recovering these costs through the annual fees assessed to 
all NRC licensees. Existing authority in section 161w. of the 
Atomic Energy Act (42 U.S.C. 2235) provides for cost recovery 
only in limited situations. This section would authorize full 
cost recovery for the entire range of services that NRC 
provides to other Federal agencies. The reference to sections 
1701 and 1702 of the Atomic Energy Act (42 U.S.C. 2297f et 
seq.) is deleted because gaseous diffusion facilities and other 
facilities for uranium enrichment are now operated by the 
United States Enrichment Corporation rather than by a Federal 
agency. The replacement of section 483a. with section 9701 is a 
correction to the proper United States Code reference.

                       title ii--other provisions

Section 201. Carrying of firearms by licensee employees

    This section authorizes guards at certain facilities 
licensed or certified by the Commission to carry and use 
weapons where necessary to protect the facilities or prevent 
the theft of special nuclear materials. This section also 
permits guards so authorized to carry firearms to make arrests 
without warrant under certain specified circumstances. The 
language also prevents guards at such facilities from being 
prosecuted under State law for the discharge of firearms in the 
performance of official duties.
    Current statute permits such authority only for Department 
of Energy security forces, although several NRC-licensed or 
certified facilities also handle and store special nuclear 
materials. Under current statute, guards at these facilities 
are constrained by the restrictions of State law, which may 
allow the use of weapons by guards only to protect their own 
lives or the lives of others, and not to prevent the theft or 
sabotage of radioactive materials. The section extends the same 
authorities and protections granted to DOE guards to guards at 
certain sites licensed or certified by the NRC.
    This provision could be a valuable asset in protecting 
national security assets which could be subject to theft or 
sabotage. The Committee expects that the NRC, in issuing its 
regulations to implement this authority, would limit its 
application to employees at those facilities engaged in the 
protection of property of significance to the common defense 
and security of the United States or being transported to and 
from such facilities. Such facilities include, but are not 
limited to, production facilities licensed by the Commission 
which utilize special nuclear materials, or gaseous diffusion 
plants, at which guards must protect significant quantities of 
radioactive materials and the gaseous diffusion technology 
utilized to enrich uranium.

Section 202. Unauthorized introduction of dangerous weapons

    This section expands current law authorizing the Commission 
to regulate the introduction of dangerous weapons onto its own 
facilities to include facilities licensed or certified by the 
Commission. This change ensures that the full range of 
facilities regulated by the Commission are subject to the 
statutory provisions prohibiting the introduction of 
unauthorized weapons or other dangerous instruments, providing 
an additional measure of security for materials which could be 
subject to theft or sabotage.

Section 203. Sabotage of nuclear facilities or fuel

    The section expands current law prohibiting the sabotage or 
attempted sabotage of nuclear facilities to include nuclear 
waste treatment and disposal facilities and nuclear fuel 
fabrication facilities. This section also extends Federal 
criminal sanctions to the sabotage or attempted sabotage of 
NRC-licensed or certified facilities during the construction 
phase when public health and safety may be affected during 
subsequent facility operation. These changes ensure that the 
full range of NRC-licensed or certified facilities are covered 
under the statute's provisions.

Section 204. Period of a combined license

    This section provides that the initial period of a combined 
construction and operating license for a production or 
utilization facility, as authorized by the Energy Policy Act of 
1992 (Public Law 102-486, 106 Stat. 2776), may not exceed 40 
years from the date on which the Commission finds that the 
acceptance criteria for such license required under Section 
185(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2235) have 
been met.

Section 205. Office location

    The section eliminates the requirement that the NRC 
maintain an office within the District of Columbia for the 
service of process and papers. Since the passage of section 23 
of the Atomic Energy Act of 1954 (42 U.S.C. 2033), the 
Commission has consolidated its headquarters at a site in 
Rockville, Maryland. As a result, the statutory requirement to 
maintain an office for the service of process and papers within 
the District of Columbia is not necessary. Under the section, 
process would be served at the Commission's headquarters in 
Rockville, Maryland.

Section 206. Commission meetings

    This section provides that NRC meetings must be held in 
accordance with the Government in the Sunshine Act (Public Law 
94-409, 90 Stat. 1241) requirements of 10 C.F.R. 9.100 through 
9.109 as in effect on January 1, 1985. The section requires the 
NRC to open its meetings to the public except under very 
limited circumstances and prohibits off-the-record meetings of 
the Commission. While the section would allow for closed 
meetings, it requires the NRC to maintain a complete transcript 
or electronic recording of any closed Commission meetings.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

     SECTION 6101 OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1990


SEC. 6101. NRC USER FEES AND ANNUAL CHARGES.

    (a) Annual Assessment.--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) Last assessment of annual charges.--The last 
        assessment of annual charges under subsection (c) shall 
        be made not later than September 30, [1999] 2004.

           *       *       *       *       *       *       *

                              ----------                              


ATOMIC ENERGY ACT OF 1954

           *       *       *       *       *       *       *



TITLE I--ATOMIC ENERGY

           *       *       *       *       *       *       *


CHAPTER 3. ORGANIZATION

           *       *       *       *       *       *       *


  Sec. 23. Office.--The principal office of the Commission 
shall be in or near the District of Columbia, but the 
Commission or any duly authorized representative may exercise 
any or all of its powers in any place[; however, the Commission 
shall maintain an office for the service of process and papers 
within the District of Columbia].

           *       *       *       *       *       *       *


CHAPTER 10. ATOMIC ENERGY LICENSES

           *       *       *       *       *       *       *


  Sec. 103. Commercial Licenses.--
  a.  * * *

           *       *       *       *       *       *       *

  c. Each such license shall be issued for a specified period, 
as determined by the Commission, depending on the type of 
activity to be licensed, but not exceeding forty years, and may 
be renewed upon the expiration of such period. 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.

           *       *       *       *       *       *       *


                     CHAPTER 14. GENERAL AUTHORITY

  Sec. 161. General Provisions.--In the performance of its 
functions the Commission is authorized to--
          a.  * * *

           *       *       *       *       *       *       *

          [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 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 and 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 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 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 (1) 
        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 (2) any provision of this Act 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, with the approval of the Attorney General, 
        shall issue guidelines to implement this subsection;]
          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;

           *       *       *       *       *       *       *

          w. prescribe and collect from any other Government 
        agency, which applies for or is issued a license for a 
        utilization facility designed to produce electrical or 
        heat energy pursuant to section 103 or 104 b.[, or 
        which operates any facility regulated or certified 
        under section 1701 or 1702,] any fee, charge, or price 
        which it may require, in accordance with the provisions 
        of section [483 a.] 9701 of title 31 of the United 
        States Code or any other law, of applicants for, or 
        holders of, such licenses or certificates, 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.

           *       *       *       *       *       *       *


CHAPTER 18. ENFORCEMENT

           *       *       *       *       *       *       *


  Sec. 229. Trespass Upon Commission Installations.--
          a. The Commission is authorized to issue regulations 
        relating to the entry upon or carrying, transporting, 
        or otherwise introducing or causing to be introduced 
        any dangerous weapons, explosive, or other dangerous 
        instrument or material likely to produce substantial 
        injury or damage to persons or property, into or upon 
        any facility, installation, or real property subject to 
        the jurisdiction, administration, or in the custody of 
        the Commission or subject to its licensing authority or 
        to certification by the Commission under this Act or 
        any other Act. Every such regulation of the Commission 
        shall be posted conspicuously at the location involved.

           *       *       *       *       *       *       *

  Sec. 236. Sabotage of Nuclear Facilities or Fuel.--
  [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 facility licensed 
        under this Act;
          [(3) any nuclear fuel for such a utilization 
        facility, or any spent nuclear fuel from such a 
        facility; or
          [(4) any uranium enrichment facility licensed by the 
        Nuclear Regulatory Commission.
shall be fined not more than $10,000 or imprisoned for not more 
than ten years, or both.]
  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.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    This bill has undergone significant improvements since it 
was introduced by request of the Nuclear Regulatory Commission 
(NRC). However, I remain concerned about a critical issue that 
is not yet addressed in it: the recycling of radioactive waste.
    First the good news. The actual authorization levels, which 
are a straightforward extension from previous years, have never 
been an issue in this bill. And I support the provisions passed 
by the Commerce Committee to provide needed improvements to 
security at nuclear power plants: permit guards at nuclear 
plants to carry and use firearms when necessary to prevent the 
theft of nuclear materials or terrorism or sabotage at a 
nuclear facility, regulate the unauthorized introduction of 
dangerous weapons into nuclear facilities, and strengthen the 
penalties for sabotage of nuclear fuel and waste facilities.
    I am even more pleased that several controversial measures 
contained in the legislation submitted by the Commission have 
been stricken from the legislation. These provisions include 
the elimination of foreign ownership restrictions on nuclear 
reactors, elimination of NRC antitrust reviews, elimination of 
requirements for on-the-record license hearings on uranium 
enrichment facilities, a proposal to strip EPA of its authority 
over cleanups at NRC licensed facilities, a proposal to give 
NRC gift acceptance authority, and a proposal to allow 
Commissioners to serve beyond their term of office.
    An amendment offered by myself, which the Subcommittee 
approved by voice vote, assures that the NRC conducts its 
business in public to the maximum extent possible. This 
amendment reverses the NRC's decision last summer to revive a 
proposed rule change that had been mothballed for 14 years. The 
rule change would allow the NRC to close to the public some 
meetings of the full Commission on general topics. Under the 
revised rule the Commission could hold closed meetings with no 
public notice, no transcript or tape, no minutes, and no record 
that the meeting took place. The provision in this bill would 
force the NRC to revert to its previous rule, which allowed 
closed meetings only for specific content-based reasons, such 
as to protect national security or trade secrets. It also 
requires the Commission to keep transcripts or recordings of 
all closed meetings. It's a good provision that strengthens the 
bill and enhances public oversight of and confidence in the 
NRC's operations.
    A second amendment, on recycling of radioactive wastes, I, 
along with Representative Klink, offered but withdrew at the 
request of the Committee and Subcommittee Chairmen with a 
promise from them to work toward a modified provision that they 
could accept. Materials used in nuclear facilities with 
surfaces that have become radiologically contaminated have been 
cleaned and recycled for some years under 1974 guidelines. 
Recently the State of Tennessee granted a license to BNFL Inc. 
for release into interstate commerce of 6,000 tons of nickel 
that has been ``volumetrically'' contaminated at the Department 
of Energy's (DOE's) Oak Ridge facility. BNFL intends to sell 
the metal for recycling. Tennessee granted the license even 
though there is no national standard for release of such 
contaminated material, and did so without public notice or 
public participation. But the metal could be sold throughout 
the country and perhaps could end up in the fillings in our 
teeth or the nickels in our pockets. As more and more nuclear 
power plants are decommissioned, and more DOE facilities are 
cleaned up, the amount of material available for recycling will 
skyrocket. DOE plans to recycle 2 million tons of radioactive 
metal just from its facilities.
    Even materials that are only slightly contaminated will 
cause chronic low levels of radiation exposure, which cause 
greater risk for cancer and birth defects. And although the 
average radioactivity of a volumetrically contaminated block of 
metal may be low, the radioactive contamination may be 
concentrated in hot spots that are difficult or impossible to 
detect and remove. If your fillings, or braces, or silverware, 
or watch bands are made from one of those hot spots, you may be 
subject to more concentrated radiation and greater cancer risk.
    The workers at metal recyclers and manufacturing plants are 
probably at greatest risk. Workers are exposed to large 
quantities of the metal on a daily basis, and workers 
conducting operations such as melting, cutting, or filing the 
metal are likely to inhale or ingest radioactive particles. Yet 
the risk assessment done for the Tennessee license did not even 
consider the risk to workers at manufacturing plants, 
illustrating the problems of allowing states to issue licenses 
with no governing standards or other guidelines.
    The amendment that was proposed at the Committee markup 
would have required the NRC to promulgate a national rule on 
the transfer or sale of radiologically contaminated materials. 
NRC would be required to include two options in the proposed 
rule: a permanent ban on radioactive recycling, and a standard 
that is fully protective of public health and safety and that 
would require residual contamination to be as low as reasonably 
achievable. The final rule would follow one of these two 
options. The amendment also would have prohibited the recycling 
or reuse of volumetrically contaminated materials, except at 
DOE facilities or NRC licensees, until a final rule is issued.
    Once radioactive materials are released into general 
commerce, they cannot be called back. It is vital that releases 
be stopped unless carefully considered, publicly vetted 
national rules governing releases are put in place. I am 
hopeful that as this bill moves to the floor, we can include 
language in the Authorization which effectively addresses this 
important matter.

                                                  Edward J. Markey.

                                

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