I

103D CONGRESS

2D SESSION H. R. 3920

To provide for the licensing of all new Federal nuclear facilities by the

Nuclear Regulatory Commission, and to establish a Federal Nuclear

Facilities Regulatory Review Commission to recommend an approach

to subjecting existing Federal nuclear facilities to independent regulation.

IN THE HOUSE OF REPRESENTATIVES

FEBURARY 28, 1994

Mr. MILLER of California (for himself, Mr. LEHMAN, Mr. SHARP, and Mr.

DEFAZIO) introduced the following bill; which was referred jointly to the

Committees on Natural Resources, Energy and Commerce, Armed Services, and Science, Space, and Technology

A BILL

To provide for the licensing of all new Federal nuclear facilities by the Nuclear Regulatory Commission, and to establish a Federal Nuclear Facilities Regulatory Review

Commission to recommend an approach to subjecting

existing Federal nuclear facilities to independent regulation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Nuclear Facili5 ties Licensing and Regulation Act’’.
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1 TITLE I—NRC LICENSING OF

2 NEW DEPARTMENT OF EN3 ERGY NUCLEAR FACILITIES

4 SEC. 101. AMENDMENT TO ENERGY REORGANIZATION ACT

5 OF 1974.

6 Section 202 of the Energy Reorganization Act of

7 1974 (42 U.S.C. 5842) is amended—

8 (1) by inserting after the section designation

9 the following: ‘‘(a) CERTAIN SPECIFIC FACILI10 TIES.—’’ ; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(b) NEW DEPARTMENT OF ENERGY NUCLEAR FA14 CILITIES.—

15 ‘‘(1) LICENSING REQUIREMENTS.—

16 ‘‘(A) IN GENERAL.—No person may con17 struct or operate any new Department of En18 ergy nuclear facility except under and in ac19 cordance with a license issued by the Nuclear

20 Regulatory Commission pursuant to—

21 ‘‘(i) standards issued by the Adminis22 trator of the Environmental Protection

23 Agency under paragraph (2); and

24 ‘‘(ii) requirements and procedures es25 tablished by the Commission by rule.
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1 ‘‘(B) REQUIREMENTS AND PROCEDURES.—

2 The requirements and procedures established

3 under subparagraph (A) shall—

4 ‘‘(i) implement the standards issued

5 by the Administrator of the Environmental

6 Protection Agency under paragraph (2);

7 ‘‘(ii) provide for extensive participa8 tion by the States and the public; and

9 ‘‘(iii) include necessary protections for

10 the national security.

11 ‘‘(2) STANDARDS FOR PROTECTION FROM RA12 DIOACTIVE RELEASES.—The Administrator of the

13 Environmental Protection Agency shall, by rule and

14 pursuant to the authority under Reorganization Plan

15 No. 3 of 1970 (5 U.S.C. App.), issue standards for

16 the protection of the public health and safety and

17 the environment from radioactive releases from new

18 Department of Energy nuclear facilities. The Admin19 istrator shall issue the 1st such standards not later

20 than 2 years after the date of the enactment of this

21 subsection.

22 ‘‘(3) PRESIDENTIAL WAIVER.—

23 ‘‘(A) IN GENERAL.—The President may

24 waive any licensing requirement or standard im25 posed on the Secretary of Energy pursuant to
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1 this subsection if the President determines that

2 the waiver is necessary for national security

3 reasons.

4 ‘‘(B) SCOPE AND DURATION.—Any waiver

5 granted under subparagraph (A) shall be lim6 ited in scope and duration to that required for

7 national security reasons.

8 ‘‘(C) NOTIFICATION OF CONGRESS AND

9 PUBLIC.—The President shall provide written

10 notification to the Speaker of the House of

11 Representatives and the President pro tempore

12 of the Senate, and shall make a public an13 nouncement, of any waiver granted under sub14 paragraph (A) and the reasons therefor.

15 ‘‘(4) COORDINATION OF PROVISIONS.—The pro16 visions of this subsection—

17 ‘‘(A) shall not apply to any facility subject

18 to regulation under subsection (a);

19 ‘‘(B) shall apply notwithstanding section

20 110 a. of the Atomic Energy Act of 1954 (42

21 U.S.C. 2140(a)) or any other provision of such

22 Act; and

23 ‘‘(C) shall apply subject to section 110 b.

24 of the Atomic Energy Act of 1954 (42 U.S.C.

25 2140(b)).
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1 ‘‘(5) DEFINITIONS.—For purposes of this sub2 section:

3 ‘‘(A) The term ‘Department of Energy nu4 clear facility’ means a facility that—

5 ‘‘(i) is a production facility or utiliza6 tion facility, or a facility for the process7 ing, storage, or disposal of source material,

8 byproduct material, or special nuclear ma9 terial, as such terms are defined in section

10 11 of the Atomic Energy Act of 1954 (42

11 U.S.C. 2014);

12 ‘‘(ii) is under the control or jurisdic13 tion of the Department of Energy, or of

14 any successor in interest to Department of

15 Energy nuclear facilities; and

16 ‘‘(iii) is not covered by Executive

17 Order 12344 (42 U.S.C. 7158 note; relat18 ing to Naval Nuclear Propulsion Program).

19 ‘‘(B) The term ‘new Department of Energy

20 nuclear facility’ means a Department of Energy

21 nuclear facility that is not in existence, or

22 under construction, on the date of the enact23 ment of this subsection.’’.
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1 TITLE II—FEDERAL NUCLEAR

2 FACILITIES REGULATORY RE3 VIEW COMMISSION

4 SEC. 201. ESTABLISHMENT.

5 There is established a commission to be known as the

6 Federal Nuclear Facilities Regulatory Review Commis7 sion. The Commission shall be considered to be an advi8 sory committee subject to the provisions of the Federal

9 Advisory Committee Act (5 U.S.C. App.).

10 SEC. 202. MEMBERSHIP.

11 (a) NUMBER AND APPOINTMENT.—The Commission

12 shall be composed of 13 members as follows:

13 (1) The Secretary of Energy (or a designee).

14 (2) The Chairman of the Nuclear Regulatory

15 Commission (or a designee).

16 (3) The Administrator of the Environmental

17 Protection Agency (or a designee).

18 (4) The Chairman of the Defense Nuclear Fa19 cilities Safety Board (or a designee).

20 (5) The Secretary of Defense (or a designee).

21 (6) 8 individuals appointed by the President not

22 later than 90 days after the date of the enactment

23 of this Act, as follows:

24 (A) 2 Governors of host States for major

25 Department of Energy nuclear facilities (or
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1 their designees), at least 1 of whom shall be

2 from an agreement State under section 274 of

3 the Atomic Energy Act of 1954 (42 U.S.C.

4 2021).

5 (B) 1 representative of a major Depart6 ment of Energy nuclear facility contractor.

7 (C) 2 representatives of environmental or8 ganizations active in oversight of Department of

9 Energy nuclear facilities, 1 of whom shall be a

10 representative of a national environmental orga11 nization and 1 of whom shall be a representa12 tive of a regional environmental organization.

13 (D) 1 tribal chairperson of an Indian tribe

14 affected by a Department of Energy nuclear fa15 cility (or a designee).

16 (E) 1 member of the Secretary of Energy’s

17 former Advisory Committee on Nuclear Facility

18 Safety.

19 (F) 1 individual with expertise in health

20 physics.

21 (b) TERMS.—Each member shall be appointed for the

22 life of the Commission.

23 (c) COMPENSATION.—

24 (1) RATES OF PAY.—Except as provided in

25 paragraph (2), members of the Commission shall
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1 each be entitled to receive the daily equivalent of the

2 annual rate of basic pay for level III of the Execu3 tive Schedule for each day (including travel time)

4 during which they are engaged in the actual per5 formance of duties vested in the Commission.

6 (2) PROHIBITION OF COMPENSATION OF FED7 ERAL EMPLOYEES.—Members of the Commission

8 who are full-time officers or employees of the United

9 States may not receive additional pay, allowances, or

10 benefits by reason of their service on the Commis11 sion.

12 (3) TRAVEL EXPENSES.—Each member of the

13 Commission shall receive travel expenses, including

14 per diem in lieu of subsistence, in accordance with

15 sections 5702 and 5703 of title 5, United States

16 Code.

17 (d) QUORUM.—A majority of the members of the

18 Commission shall constitute a quorum, but a lesser num19 ber may hold hearings.

20 (e) CHAIRPERSON.—The Chairperson of the Commis21 sion shall be designated by the President from among the

22 members appointed under subsection (a)(6) who are not

23 currently directly involved in the management or oversight

24 of any Department of Energy nuclear facility.
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1 (f) MEETINGS.—The Commission shall meet at the

2 call of the Chairperson or a majority of its members.

3 SEC. 203. DUTIES.

4 (a) IN GENERAL.—The duties of the Commission

5 shall be to determine, and to recommend to the Congress,

6 an approach to subjecting existing Department of Energy

7 nuclear facilities to independent regulation.

8 (b) SPECIFIC ISSUES.—In making the determination

9 required by subsection (a), the Commission shall address

10 the following issues:

11 (1) The appropriate means of implementing

12 independent regulation of existing Department of

13 Energy nuclear facilities, including—

14 (A) the appropriate standard-setting agen15 cy or agencies;

16 (B) the appropriate enforcement agency or

17 agencies;

18 (C) the appropriate structure, procedures,

19 and scope of regulation;

20 (D) the most efficient means of transition

21 to a regulatory regime;

22 (E) the appropriate source for additional

23 funding required to carry out the new regula24 tion; and
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1 (F) the appropriate role of the States, In2 dian tribes, and the public, in the regulatory

3 process.

4 (2) The appropriate manner of regulating

5 mixed radioactive and hazardous wastes and low6 level radioactive waste.

7 (3) Whether the authority to impose penalties

8 under the Price-Anderson civil penalty provisions of

9 section 234A of the Atomic Energy Act of 1954 (42

10 U.S.C. 2282a) should be transferred to the new reg11 ulator or regulators.

12 (4) Issues relating to enforcement powers, in13 cluding—

14 (A) shutdown authority;

15 (B) civil and criminal penalties;

16 (C) enforcement against the Department

17 of Energy as compared to enforcement against

18 the Department of Energy’s contractors;

19 (D) elimination of exemptions for nonprofit

20 contractors such as universities;

21 (E) contractor liability for violations re22 sulting from Department of Energy require23 ments or from funding limitations;

24 (F) protection of national security and

25 safeguards information; and
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1 (G) presidential exemption from require2 ments for national security reasons.

3 (5) Any recommendations for revisions to the

4 regulatory regime established for new Department of

5 Energy nuclear facilities by the amendments made

6 by title I.

7 (6) Issues relating to the classification and de8 classification of information by the Department of

9 Energy, including the designation and review of Re10 stricted Data and Unclassified Controlled Nuclear

11 Information under sections 142 and 148 of the

12 Atomic Energy Act of 1954 (42 U.S.C. 2163 and

13 2168), as such issues affect public participation in

14 the regulatory process.

15 (7) Any other issue considered by the Commis16 sion to be relevant to the determination required by

17 subsection (a).

18 (c) PUBLIC PARTICIPATION.—In carrying out its du19 ties under this section and throughout its deliberations,

20 the Commission shall actively solicit the views and partici21 pation of the States, Indian tribes, local governments,

22 businesses, citizens’ organizations, and interested mem23 bers of the public.
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1 SEC. 204. DIRECTOR AND STAFF; EXPERTS AND CONSULT2 ANTS.

3 (a) DIRECTOR.—The Commission shall have a Direc4 tor who shall be appointed by the Commission. The Direc5 tor shall be paid at the rate of basic pay for level V of

6 the Executive Schedule.

7 (b) STAFF.—With the approval of the Commission,

8 the Director may appoint and fix the pay of additional

9 personnel as the Director considers appropriate. Such ad10 ditional personnel shall be paid at a rate not to exceed

11 the maximum rate of basic pay payable for GS–15 of the

12 General Schedule.

13 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

14 LAWS.—The Director and staff of the Commission may

15 be appointed without regard to the provisions of title 5,

16 United States Code, governing appointments in the com17 petitive service, and may be paid without regard to the

18 provisions of chapter 51 and subchapter III of chapter 53

19 of such title relating to classification and General Schedule

20 pay rates.

21 (d) EXPERTS AND CONSULTANTS.—With the ap22 proval of the Commission, the Director may procure tem23 porary and intermittent services under section 3109(b) of

24 title 5, United States Code, but at rates for individuals

25 not to exceed the daily equivalent of the maximum annual
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1 rate of basic pay payable for GS–15 of the General Sched2 ule.

3 (e) STAFF OF FEDERAL AGENCIES.—Upon request

4 of the Director, the head of any Federal department or

5 agency may detail, on a reimbursable basis, any of the

6 personnel of the department or agency to the Commission

7 to assist it in carrying out its duties under this title.

8 SEC. 205. POWERS.

9 (a) HEARINGS AND SESSIONS.—The Commission

10 may, for the purpose of carrying out this title, hold hear11 ings, sit and act at times and places, take testimony, and

12 receive evidence as the Commission considers appropriate.

13 The Commission may administer oaths or affirmations to

14 witnesses appearing before it.

15 (b) POWERS OF MEMBERS AND AGENTS.—Any mem16 ber or agent of the Commission may, if authorized by the

17 Commission, take any action which the Commission is au18 thorized to take by this section.

19 (c) OBTAINING OFFICIAL DATA.—

20 (1) IN GENERAL.—The Commission may secure

21 directly from any Federal department or agency in22 formation necessary to enable it to carry out this

23 title, including—
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1 (A) Restricted Data, as defined in section

2 11 y. of the Atomic Energy Act of 1954 (42

3 U.S.C. 2014(y));

4 (B) other classified information;

5 (C) safeguards information subject to sec6 tion 147 of the Atomic Energy Act of 1954 (42

7 U.S.C. 2167); and

8 (D) Unclassified Controlled Nuclear Infor9 mation subject to section 148 of the Atomic

10 Energy Act of 1954 (42 U.S.C. 2168).

11 (2) FURNISHING OF INFORMATION.—Upon a

12 request for information by the Chairperson of the

13 Commission under paragraph (1), the head of the

14 Federal department or agency shall furnish the in15 formation to the Commission.

16 (d) MAILS.—The Commission may use the United

17 States mails in the same manner and under the same con18 ditions as other Federal departments and agencies.

19 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon

20 the request of the Commission, the Administrator of Gen21 eral Services shall provide to the Commission, on a reim22 bursable basis, the administrative support services nec23 essary for the Commission to carry out its responsibilities

24 under this title.

25 (f) SUBPOENA POWER.—
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1 (1) IN GENERAL.—The Commission may issue

2 subpoenas requiring the attendance and testimony of

3 witnesses and the production of any evidence relat4 ing to any matter under investigation by the Com5 mission. The attendance of witnesses and the pro6 duction of evidence may be required from any place

7 within the United States at any designated place of

8 hearing within the United States.

9 (2) FAILURE TO OBEY A SUBPOENA.—If a per10 son refuses to obey a subpoena issued under para11 graph (1), the Commission may apply to a United

12 States district court for an order requiring that per13 son to appear before the Commission to give testi14 mony, produce evidence, or both, relating to the

15 matter under investigation. The application may be

16 made within the judicial district where the hearing

17 is conducted or where that person is found, resides,

18 or transacts business. Any failure to obey the order

19 of the court may be punished by the court as civil

20 contempt.

21 (3) SERVICE OF SUBPOENAS.—The subpoenas

22 of the Commission shall be served in the manner

23 provided for subpoenas issued by a United States

24 district court under the Federal Rules of Civil Pro25 cedure for the United States district courts.
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1 (4) SERVICE OF PROCESS.—All process of any

2 court to which application is made under paragraph

3 (2) may be served in the judicial district in which

4 the person required to be served resides or may be

5 found.

6 (5) IMMUNITY.—The Commission is an agency

7 of the United States for the purpose of part V of

8 title 18, United States Code (relating to immunity

9 of witnesses).

10 SEC. 206. REPORTS.

11 (a) INTERIM REPORTS.—The Commission may sub12 mit to the Congress interim reports as the Commission

13 considers appropriate.

14 (b) FINAL REPORT.—The Commission shall transmit

15 a final report to the Congress not later than 18 months

16 after the date of the enactment of this Act. The final re17 port shall contain a detailed statement of the findings and

18 conclusions of the Commission, together with its rec19 ommendations for legislation and administrative actions.

20 SEC. 207. DEFINITIONS.

21 For purposes of this title:

22 (1) The term ‘‘Commission’’ means the Federal

23 Nuclear Facilities Regulatory Review Commission

24 established by section 201.
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1 (2) The term ‘‘Department of Energy nuclear

2 facility’’ means a facility that—

3 (A) is a production facility or utilization

4 facility, or a facility for the processing, storage,

5 or disposal of source material, byproduct mate6 rial, or special nuclear material, as such terms

7 are defined in section 11 of the Atomic Energy

8 Act of 1954 (42 U.S.C. 2014);

9 (B) is under the control or jurisdiction of

10 the Department of Energy, or of any successor

11 in interest to Department of Energy nuclear fa12 cilities; and

13 (C) is not covered by Executive Order

14 12344 (42 U.S.C. 7158 note; relating to Naval

15 Nuclear Propulsion Program).

16 (3) The term ‘‘existing Department of Energy

17 nuclear facility’’ means a Department of Energy nu18 clear facility that is in existence, or under construc19 tion, on the date of the enactment of this Act.

20 (4) The term ‘‘independent regulation’’ means

21 regulation under the Atomic Energy Act of 1954 (42

22 U.S.C. 2011 et seq.) by 1 or more Federal agencies

23 that are not part of, or otherwise subject to the con24 trol of, the Department of Energy.
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1 SEC. 208. TERMINATION.

2 The Commission shall terminate 60 days after sub3 mitting its final report pursuant to section 206.

4 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated such sums

6 as may be necessary to carry out this title.

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