S 2016 IS

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

January 31, 2000

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

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.

END