Union Calendar No. 240

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

October 26, 1999

HR 2531 RH

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

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

October 26, 1999

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 15, 1999]

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 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 161w. 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. 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.

END