Calendar No. 531

103D CONGRESS

2D SESSION S. 2313

[Report No. 103–319]

A BILL

To authorize appropriations for the Nuclear Regu1995, and for other purposes. latory Commission for fiscal years 1994 and

JULY 25 (legislative day, JULY 20), 1994

Placed on the calendar
II

Calendar No. 531

103D CONGRESS

2D SESSION S. 2313

[Report No. 103–319]

To authorize appropriations for the Nuclear Regulatory Commission for fiscal

years 1994 and 1995, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 25 (legislative day, JULY 20), 1994

Mr. BAUCUS, from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the

calendar

A BILL

To authorize appropriations for the Nuclear Regulatory Commission for fiscal years 1994 and 1995, and for other

purposes.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Nuclear Regulatory Commission Authorization Act for

6 Fiscal Years 1994 and 1995’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR THE

NUCLEAR REGULATORY COMMISSION

Sec. 101. Authorization of appropriations for fiscal years 1994 and 1995.

Sec. 102. Allocation of amounts authorized.

Sec. 103. Retention of funds.

Sec. 104. Transfer of certain funds.

Sec. 105. Limitation.

TITLE II—NUCLEAR POWER PLANT SAFETY AND SECURITY

Sec. 201. Notification requirements.

Sec. 202. Civil monetary penalties for violations of rules, regulations, orders, or

licensing requirements.

Sec. 203. Report of Advisory Committee on Reactor Safeguards.

Sec. 204. Carrying of firearms by licensee employees.

Sec. 205. Unauthorized introduction of dangerous weapons.

Sec. 206. Sabotage of production, utilization, or waste storage facilities under

construction.

Sec. 207. Civil penalties for violations of medical therapy licenses.

Sec. 208. Training and education for medical therapy licenses.

3 TITLE I—AUTHORIZATION OF

4 APPROPRIATIONS FOR THE

5 NUCLEAR REGULATORY COM6 MISSION

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FIS8 CAL YEARS 1994 AND 1995.

9 (a) SALARIES AND EXPENSES.—In accordance with

10 section 261 of the Atomic Energy Act of 1954 (42 U.S.C.

11 2017) and section 305 of the Energy Reorganization Act

12 of 1974 (42 U.S.C. 5875), there are authorized to be ap13 propriated to the Nuclear Regulatory Commission, to re14 main available until expended—
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1 (1) $530,200,000 for fiscal year 1994, of which

2 $22,000,000 are authorized to be appropriated from

3 the Nuclear Waste Fund established by section

4 302(c) of the Nuclear Waste Policy Act of 1982 (42

5 U.S.C. 10222(c)) (referred to in this title as the

6 ‘‘Nuclear Waste Fund’’); and

7 (2) $541,417,000 for fiscal year 1995, of which

8 $22,000,000 are authorized to be appropriated from

9 the Nuclear Waste Fund.

10 (b) OFFICE OF THE INSPECTOR GENERAL.—In ac11 cordance with section 1105(a)(25) of title 31, United

12 States Code, there are authorized to be appropriated to

13 the Office of the Inspector General of the Nuclear Regu14 latory Commission, to remain available until expended—

15 (1) $4,800,000 for fiscal year 1994; and

16 (2) $5,000,000 for fiscal year 1995.

17 SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED.

18 (a) IN GENERAL.—The amounts authorized to be ap19 propriated under section 101(a) for fiscal years 1994 and

20 1995 shall be allocated as follows:

21 (1) REACTOR SAFETY AND SAFEGUARDS REGU22 LATION.—Not more than $161,002,000 for fiscal

23 year 1994, and not more than $166,215,000 for fis24 cal year 1995, may be used for reactor safety and

25 safeguards regulation.
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1 (2) REACTOR SAFETY RESEARCH.—Not more

2 than $92,795,000 for fiscal year 1994, and not more

3 than $89,318,000 for fiscal year 1995, may be used

4 for reactor safety research.

5 (3) REACTOR SPECIAL AND INDEPENDENT RE6 VIEWS, INVESTIGATIONS, AND ENFORCEMENT.—Not

7 more than $30,731,000 for fiscal year 1994, and not

8 more than $31,674,000 for fiscal year 1995, may be

9 used for reactor special and independent reviews, in10 vestigations, and enforcement.

11 (4) NUCLEAR MATERIAL AND LOW-LEVEL

12 WASTE SAFETY AND SAFEGUARDS REGULATION.—

13 Not more than $61,627,000 for fiscal year 1994,

14 and not more than $66,556,000 for fiscal year 1995,

15 may be used for nuclear material and low-level waste

16 safety and safeguards regulation.

17 (5) HIGH-LEVEL NUCLEAR WASTE REGULA18 TION.—Not more than $22,000,000 for fiscal year

19 1994, and not more than $22,000,000 for fiscal year

20 1995, from the Nuclear Waste Fund, may be used

21 for high-level nuclear waste regulation.

22 (6) NUCLEAR SAFETY MANAGEMENT AND SUP23 PORT.—Not more than $162,045,000 for fiscal year

24 1994, and not more than $165,654,000 for fiscal
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1 year 1995, may be used for nuclear safety manage2 ment and support.

3 (b) LIMITATIONS CONCERNING REACTOR SAFETY

4 RESEARCH.—The Nuclear Regulatory Commission may

5 use not more than 1 percent of the amounts allocated

6 under subsection (a)(2) to exercise the authority of the

7 Commission under section 31 a. of the Atomic Energy Act

8 of 1954 (42 U.S.C. 2051(a)) to make grants and enter

9 into cooperative agreements with organizations, including

10 universities, State and local governments, and not-for11 profit institutions. Grants made by the Commission under

12 such section shall be made in accordance with chapter 63

13 of title 31, United States Code, and other applicable law.

14 (c) REALLOCATION.—

15 (1) IN GENERAL.—Except as provided in para16 graphs (2) and (3), an amount allocated for a fiscal

17 year to the Nuclear Regulatory Commission pursu18 ant to a paragraph of subsection (a) for the purpose

19 of the program referred to in the paragraph, may be

20 reallocated by the Commission for use in a program

21 referred to in any other paragraph of such sub22 section.

23 (2) LIMITATION ON REALLOCATION.—The

24 amount available from appropriations for a fiscal

25 year for use in a program referred to in subsection
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1 (a) may not, as a result of reallocations made under

2 paragraph (1), be increased or reduced by more than

3 $500,000 until the date that is 30 days after the

4 date on which the Commission notifies the Commit5 tee on Energy and Commerce and the Committee on

6 Natural Resources of the House of Representatives

7 and the Committee on Environment and Public

8 Works of the Senate of the increase or reduction.

9 The notification shall contain a full and complete

10 statement of the reallocation to be made and the

11 facts and circumstances relied on in support of the

12 reallocation.

13 (3) USE OF CERTAIN FUNDS.—Amounts au14 thorized to be appropriated from the Nuclear Waste

15 Fund under this title may be used only for the high16 level nuclear waste activities of the Commission and

17 may not be reallocated for other Commission activi18 ties.

19 SEC. 103. RETENTION OF FUNDS.

20 Amounts received by the Nuclear Regulatory Com21 mission for the cooperative nuclear safety research pro22 gram, services rendered to foreign governments and inter23 national organizations, and the material and information

24 access authorization programs (including criminal history
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1 checks under section 149 of the Atomic Energy Act of

2 1954 (42 U.S.C. 2169))—

3 (1) notwithstanding section 3302 of title 31,

4 United States Code, may be retained and used, sub5 ject to appropriations, for salaries and expenses as6 sociated with the activities referred to in this sec7 tion; and

8 (2) shall remain available until expended.

9 SEC. 104. TRANSFER OF CERTAIN FUNDS.

10 (a) IN GENERAL.—Subject to subsection (b), from

11 amounts appropriated to the Nuclear Regulatory Commis12 sion pursuant to section 101(a), except for appropriations

13 from the Nuclear Waste Fund, the Commission may

14 transfer amounts to the Office of the Inspector General

15 of the Commission.

16 (b) MAXIMUM TRANSFER.—For each fiscal year, the

17 total amount transferred under subsection (a) may not ex18 ceed 5 percent of the amount authorized to be appro19 priated under section 101(b) for the fiscal year.

20 SEC. 105. LIMITATION.

21 Notwithstanding any other provision of this title, no

22 authority to make payments under this title shall be effec23 tive except to such extent or in such amounts as are pro24 vided in advance in appropriation Acts.
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1 TITLE II—NUCLEAR POWER

2 PLANT SAFETY AND SECURITY

3 SEC. 201. NOTIFICATION REQUIREMENTS.

4 Section 206 of the Energy Reorganization Act of

5 1974 (42 U.S.C. 5846) is amended to read as follows:

6 ‘‘NONCOMPLIANCE

7 ‘‘SEC. 206. (a) IN GENERAL.—A person who con8 structs, owns, operates, or supplies a component of a facil9 ity or activity that is licensed or otherwise regulated by

10 the Commission pursuant to the Atomic Energy Act of

11 1954 (42 U.S.C. 2011 et seq.) (including a facility leased

12 by the United States Enrichment Corporation established

13 under title II of the Atomic Energy Act of 1954 (42

14 U.S.C. 2297 et seq.)), or pursuant to this Act, and who

15 obtains information reasonably indicating that the facility

16 or activity or a basic component supplied to the facility

17 or activity contains a defect, or fails to comply with the

18 Atomic Energy Act of 1954 or an applicable rule, regula19 tion, order, or license of the Commission, shall imme20 diately notify the Commission of the defect or failure to

21 comply—

22 ‘‘(1) if the defect or failure to comply could cre23 ate a substantial safety hazard (as defined by regu24 lations issued by the Commission); and
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1 ‘‘(2) unless the person has actual knowledge

2 that the Commission has been informed in writing of

3 the defect or failure to comply.

4 ‘‘(b) REGULATIONS.—The Commission may issue

5 such regulations and orders as the Commission considers

6 necessary to ensure compliance with this section, including

7 regulations and orders that require a person subject to

8 this section to develop and implement procedures, consist9 ent with the notification requirements of subsection (a),

10 to identify, evaluate, and report defects and failures to

11 comply.

12 ‘‘(c) PENALTIES FOR FAILURE TO NOTIFY.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), a person who fails to provide a notifica15 tion required under subsection (a), or who violates

16 a regulation or order issued under subsection (b),

17 shall be subject to a civil penalty in the same man18 ner and amount as is provided for a violation that

19 is subject to a civil penalty under section 234 of the

20 Atomic Energy Act of 1954 (42 U.S.C. 2282).

21 ‘‘(2) EXCEPTION.—An individual who is subject

22 to this section solely because of the employment of

23 the individual by a person subject to this section

24 shall be assessed a civil penalty for failure to provide
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1 notice pursuant to subsection (a) only if the individ2 ual has actual knowledge of—

3 ‘‘(A) the notification requirement of sub4 section (a); and

5 ‘‘(B) a defect or a failure to comply de6 scribed in subsection (a).

7 ‘‘(d) POSTING OF REQUIREMENTS.—A description of

8 the requirements of this section shall be prominently post9 ed on the business premises of a person who is required

10 to notify the Commission of a defect or failure to comply

11 under subsection (a).

12 ‘‘(e) INSPECTION AND ENFORCEMENT.—The Com13 mission may conduct such reasonable inspections, inves14 tigations, and other enforcement activities as the Commis15 sion considers necessary to ensure compliance with this

16 section and with any regulations and orders issued under

17 this section.

18 ‘‘(f) APPLICABILITY.—

19 ‘‘(1) DEFINITION OF PERSON.—As used in this

20 section, the term ‘person’ has the same meaning as

21 is provided in section 11 s. of the Atomic Energy

22 Act of 1954 (42 U.S.C. 2014(s)), except that—

23 ‘‘(A) the term also includes the Depart24 ment of Energy with respect to—
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1 ‘‘(i) a facility of the Department regu2 lated by the Commission; and

3 ‘‘(ii) an item provided by the Depart4 ment as a component to a licensee; and

5 ‘‘(B) the term does not include an individ6 ual unless the individual is—

7 ‘‘(i) a sole proprietor or partner of a

8 business that constructs, owns, operates,

9 or supplies a component referred to in sub10 section (a); or

11 ‘‘(ii) a director or responsible officer

12 employed by a person subject to such sub13 section.

14 ‘‘(2) UNITED STATES ENRICHMENT CORPORA15 TION.—This section shall apply to the United States

16 Enrichment Corporation established under title II of

17 the Atomic Energy Act of 1954 (42 U.S.C. 2297 et

18 seq.) and a facility leased by the Corporation, and

19 a director or officer of the Corporation, to the same

20 extent as this section applies to any other person

21 subject to this section.’’.
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1 SEC. 202. CIVIL MONETARY PENALTIES FOR VIOLATIONS

2 OF RULES, REGULATIONS, ORDERS, OR LI3 CENSING REQUIREMENTS.

4 (a) IN GENERAL.—Subsection a. of section 234 of

5 the Atomic Energy Act of 1954 (42 U.S.C. 2282(a)) is

6 amended to read as follows:

7 ‘‘a. CIVIL PENALTIES.—

8 ‘‘(1) IN GENERAL.—A person who—

9 ‘‘(A) violates—

10 ‘‘(i) a licensing provision of section

11 53, 57, 62, 63, 81, 82, 101, 103, 104,

12 107, or 109, or a rule, regulation, or order

13 issued under the provision;

14 ‘‘(ii) a certification provision of sec15 tion 1701, or a rule or regulation issued

16 under the provision;

17 ‘‘(iii) a term, condition, or limitation

18 of a license or certification issued under a

19 section referred to in clause (i) or (ii); or

20 ‘‘(iv) a rule, regulation, or order is21 sued under subsection b., i., or o. of sec22 tion 161; or

23 ‘‘(B) commits a violation for which a li24 cense may be revoked under section 186;
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1 shall be subject to a civil penalty, to be imposed by

2 the Commission, of not to exceed $100,000 for each

3 such violation.

4 ‘‘(2) CONTINUING VIOLATIONS.—If a violation

5 described in paragraph (1) continues for more than

6 1 day, each day of the violation shall constitute a

7 separate violation for the purpose of determining the

8 applicable civil penalty.

9 ‘‘(3) MODIFICATION OF PENALTY.—The Com10 mission may compromise, mitigate, or remit a pen11 alty required to be imposed under this subsection.’’.

12 (b) CONFORMING AMENDMENTS.—

13 (1) Section 234 of such Act (42 U.S.C. 2282)

14 is amended—

15 (A) in the section heading, by inserting

16 ‘‘RULES, REGULATIONS, ORDERS, OR’’ before

17 ‘‘LICENSING REQUIREMENTS’’;

18 (B) by inserting after ‘‘b.’’ the following:

19 ‘‘NOTIFICATION BY THE COMMISSION.—’’; and

20 (C) by inserting after ‘‘c.’’ the following:

21 ‘‘ACTION BY THE ATTORNEY GENERAL.—’’.

22 (2) The table of contents of such Act (42

23 U.S.C. prec. 2011) is amended by striking the item

24 relating to section 234 and inserting the following

25 new item:
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‘‘Sec. 234. Civil monetary penalties for violations of rules, regulations, orders,

or licensing requirements.’’.

1 SEC. 203. REPORT OF ADVISORY COMMITTEE ON REACTOR

2 SAFEGUARDS.

3 The sixth sentence of section 29 of the Atomic En4 ergy Act of 1954 (42 U.S.C. 2039) is amended by striking

5 ‘‘annually’’ and inserting ‘‘every 2 years’’.

6 SEC. 204. CARRYING OF FIREARMS BY LICENSEE EMPLOY7 EES.

8 Section 161 k. of the Atomic Energy Act of 1954 (42

9 U.S.C. 2201(k)) is amended—

10 (1) in the first complete sentence—

11 (A) by inserting ‘‘and licensees (including

12 employees of contractors of licensees)’’ after

13 ‘‘(at any tier)’’; and

14 (B) by striking ‘‘owned by or contracted to

15 the United States or being transported to or

16 from such facilities’’ and inserting ‘‘owned by

17 or contracted to the United States or licensed

18 by the Commission, or being transported to or

19 from the facilities,’’;

20 (2) in paragraph (1) of the fourth complete sen21 tence, by inserting ‘‘or a licensee of the Commis22 sion’’ after ‘‘or a contractor of the Department of

23 Energy or Nuclear Regulatory Commission’’; and
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1 (3) in the last complete sentence, by inserting

2 ‘‘and the Commission’’ after ‘‘The Secretary’’.

3 SEC. 205. UNAUTHORIZED INTRODUCTION OF DANGEROUS

4 WEAPONS.

5 The first sentence of section 229 a. of the Atomic

6 Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended by

7 inserting before the period at the end the following: ‘‘, or

8 a production facility, utilization facility, or facility for the

9 receipt, storage, or disposal of spent nuclear fuel that is

10 subject to the licensing authority of the Commission under

11 this Act or any other Act’’.

12 SEC. 206. SABOTAGE OF PRODUCTION, UTILIZATION, OR

13 WASTE STORAGE FACILITIES UNDER CON14 STRUCTION.

15 (a) IN GENERAL.—Subsection a. of section 236 of

16 the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is

17 amended to read as follows:

18 ‘‘a. IN GENERAL.—A person who intentionally and

19 willfully destroys or causes physical damage to, or who in20 tentionally and willfully attempts to destroy or cause phys21 ical damage to—

22 ‘‘(1) a production facility or utilization facility

23 licensed under this Act;
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1 ‘‘(2) a nuclear waste storage or disposal facility

2 licensed by the Commission under this Act or any

3 other Act;

4 ‘‘(3) a production, utilization, or waste storage

5 or disposal facility subject to licensing by the Com6 mission under this Act or any other Act during the

7 construction of the facility, if the destruction or

8 damage caused or attempted to be caused could af9 fect public health and safety during the operation of

10 the facility;

11 ‘‘(4) a nuclear fuel for a utilization facility li12 censed under this Act, or a spent nuclear fuel from

13 such a facility; or

14 ‘‘(5) a uranium enrichment facility licensed by

15 the Nuclear Regulatory Commission;

16 shall be fined not more than $10,000 or imprisoned for

17 not more than 10 years, or both.’’.

18 (b) CONFORMING AMENDMENT.—Section 236 of

19 such Act (42 U.S.C. 2284) is amended by inserting after

20 ‘‘b.’’ the following: ‘‘INTERRUPTIONS OF NORMAL OPER21 ATION.—’’.

22 SEC. 207. CIVIL PENALTIES FOR VIOLATIONS OF MEDICAL

23 THERAPY LICENSES.

24 Section 234(a)(1) of the Atomic Energy Act of 1954

25 (42 U.S.C. 2282(a)(1)) (as amended by section 202) is
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1 further amended by adding at the end the following new

2 sentence: ‘‘The Commission shall set a base amount of

3 $20,000 for a violation of section 104 if the violation is

4 of either a Severity Level I or II magnitude.’’.

5 SEC. 208. TRAINING AND EDUCATION FOR MEDICAL THER6 APY LICENSES.

7 Not later than 1 year after the date of enactment

8 of this Act, the Nuclear Regulatory Commission shall up9 grade the education, training, and experience require10 ments for those persons permitted under license to possess

11 nuclear byproduct materials for medical use.