II

106TH CONGRESS

2D SESSION S. 2016

To authorize appropriations for, and improve the operation of, the Nuclear

Regulatory Commission, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 31, 2000

Mr. DOMENICI introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To authorize appropriations for, and improve the operation

of, the Nuclear Regulatory Commission, 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.

4 This Act may be cited as the ‘‘Nuclear Regulatory

5 Commission Authorization and Improvements Act of

6 2000’’.

7 SEC. 2. DEFINITIONS.

8 Section 11 of the Atomic Energy Act of 1954 (42

9 U.S.C. 2014) is amended—
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1 (1) in subsection f., by striking ‘‘Atomic Energy

2 Commission’’ and inserting ‘‘Nuclear Regulatory

3 Commission’’; and

4 (2) by adding at the end the following:

5 ‘‘(kk) NUCLEAR DECOMMISSIONING OBLIGATION.—

6 The term ‘nuclear decommissioning obligation’ means an

7 expense incurred to ensure the continued protection of the

8 public from the dangers of any residual radioactivity or

9 other hazards present at a facility at the time the facility

10 is decommissioned, including all costs of actions required

11 under rules, regulations and orders of the Commission

12 for—

13 ‘‘(1) entombing, dismantling and decommis14 sioning a facility; and

15 ‘‘(2) administrative, preparatory, security and

16 radiation monitoring expenses associated with en17 tombing, dismantling, and decommissioning a facil18 ity.’’.

19 SEC. 3. OFFICE LOCATION.

20 Section 23 of the Atomic Energy Act of 1954 (42

21 U.S.C. 2033) is amended by striking ‘‘; however, the Com22 mission shall maintain an office for the service of process

23 and papers within the District of Columbia’’.
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1 SEC. 4. LICENSE PERIOD.

2 Section 103c. of the Atomic Energy Act of 1954 (42

3 U.S.C. 2133(c)) is amended—

4 (1) by striking ‘‘c. Each such’’ and inserting

5 the following:

6 ‘‘c. LICENSE PERIOD.—

7 ‘‘(1) IN GENERAL.—Each such’’; and

8 (2) by adding at the end the following:

9 ‘‘(2) COMBINED LICENSES.—In the case of a

10 combined construction and operating license issued

11 under section 185(b), the initial duration of the li12 cense may not exceed 40 years from the date on

13 which the Commission finds, before operation of the

14 facility, that the acceptance criteria required by sec15 tion 185(b) are met.’’.

16 SEC. 5. ELIMINATION OF FOREIGN OWNERSHIP PROHIBI17 TIONS.

18 (a) COMMERCIAL LICENSES.—Section 103d. of the

19 Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is

20 amended in the second sentence—

21 (1) by inserting ‘‘for a production facility’’ after

22 ‘‘license’’; and

23 (2) by striking ‘‘any any’’ and inserting ‘‘any’’.

24 (b) MEDICAL THERAPY AND RESEARCH AND DEVEL25 OPMENT LICENSES.—Section 104d. of the Atomic Energy

26 Act of 1954 (42 U.S.C. 2134(d)) is amended in the second
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1 sentence by inserting ‘‘for a production facility’’ after ‘‘li2 cense’’.

3 SEC. 6. ELIMINATION OF NRC ANTITRUST REVIEWS.

4 Section 105 of the Atomic Energy Act of 1954 (42

5 U.S.C. 2135) is amended by adding at the end the fol6 lowing:

7 ‘‘(d) APPLICABILITY.—Subsection (c) shall not apply

8 to an application for a license to construct or operate a

9 utilization facility under section 103 or 104(b) that is

10 pending on or that is filed on or after the date of enact11 ment of this subsection.’’.

12 SEC. 7. GIFT ACCEPTANCE AUTHORITY.

13 (a) IN GENERAL.—Section 161g. of the Atomic En14 ergy Act of 1954 (42 U.S.C. 2201(g)) is amended—

15 (1) by striking ‘‘g.’’ and inserting ‘‘(g)(1)’’;

16 (2) by striking ‘‘this Act;’’ and inserting ‘‘this

17 Act; or’’; and

18 (3) by adding at the end the following:

19 ‘‘(2) accept, hold, utilize, sell, and administer

20 gifts of real and personal property for the purpose

21 of aiding or facilitating the work of the Commis22 sion.’’.

23 (b) NUCLEAR REGULATORY COMMISSION FUND.—
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1 (1) IN GENERAL.—Chapter 14 of title I of the

2 Atomic Energy Act of 1954 (42 U.S.C. 2201 et

3 seq.) is amended by adding at the end the following:

4 ‘‘SEC. 170C. NUCLEAR REGULATORY COMMISSION FUND.

5 ‘‘(a) ESTABLISHMENT.—There is established in the

6 Treasury of the United States a fund to be known as the

7 ‘‘Nuclear Regulatory Commission Fund’’ (referred to in

8 this section as the ‘Fund’).

9 ‘‘(b) DEPOSITS IN FUND.—Any gift accepted under

10 section 161g.(2), or net proceeds of the sale of such a gift,

11 shall be deposited in the Fund.

12 ‘‘(c) USE.—

13 ‘‘(1) IN GENERAL.—Amounts in the Fund shall,

14 without further Act of appropriation, be available to

15 the Chairman of the Commission.

16 ‘‘(2) CONSISTENCY WITH GIFT.—Gifts accepted

17 under this section 161g.(2) shall be used as nearly

18 as possible in accordance with the terms of the gift,

19 if those terms are not inconsistent with this section

20 or any other applicable law.

21 ‘‘(d) CRITERIA.—

22 ‘‘(1) IN GENERAL.—The Commission shall es23 tablish written criteria for determining whether to

24 accept gifts under section 161g.(2).
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1 ‘‘(2) CONSIDERATIONS.—The criteria under

2 paragraph (1) shall take into consideration whether

3 the acceptance of the gift would compromise the in4 tegrity of, or the appearance of the integrity of, the

5 Commission or any officer or employee of the Com6 mission.’’.

7 (2) CONFORMING AND TECHNICAL AMEND8 MENTS.—The table of contents of chapter 14 of title

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

10 prec. 2011) (as amended by section 2(b)) is amend11 ed by adding at the end the following:

‘‘Sec. 170B. Uranium supply.

‘‘Sec. 170C. Nuclear Regulatory Commission Fund.’’.

12 SEC. 8. CARRYING OF FIREARMS BY LICENSEE EMPLOY13 EES.

14 (a) IN GENERAL.—Chapter 14 of title I of the Atomic

15 Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended

16 by section 7(b)(1)) is amended—

17 (1) in section 161, by striking subsection k. and

18 inserting the following:

19 ‘‘(k) authorize to carry a firearm in the performance

20 of official duties such of its members, officers, and employ21 ees, such of the employees of its contractors and sub22 contractors (at any tier) engaged in the protection of prop23 erty under the jurisdiction of the United States located

24 at facilities owned by or contracted to the United States
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1 or being transported to or from such facilities, and such

2 of the employees of persons licensed or certified by the

3 Commission (including employees of contractors of licens4 ees or certificate holders) engaged in the protection of fa5 cilities owned or operated by a Commission licensee or cer6 tificate holder that are designated by the Commission or

7 in the protection of property of significance to the common

8 defense and security located at facilities owned or operated

9 by a Commission licensee or certificate holder or being

10 transported to or from such facilities, as the Commission

11 considers necessary in the interest of the common defense

12 and security;’’ and

13 (2) by adding at the end the following:

14 ‘‘SEC. 170D. CARRYING OF FIREARMS.

15 ‘‘(a) AUTHORITY TO MAKE ARREST.—

16 ‘‘(1) IN GENERAL.—A person authorized under

17 section 161k. to carry a firearm may, while in the

18 performance of, and in connection with, official du19 ties, arrest an individual without a warrant for any

20 offense against the United States committed in the

21 presence of the person or for any felony under the

22 laws of the United States if the person has a reason23 able ground to believe that the individual has com24 mitted or is committing such a felony.
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1 ‘‘(2) LIMITATION.—An employee of a contractor

2 or subcontractor or of a Commission licensee or cer3 tificate holder (or a contractor of a licensee or cer4 tificate holder) authorized to make an arrest under

5 paragraph (1) may make an arrest only—

6 ‘‘(A) when the individual is within, or is in

7 flight directly from, the area in which the of8 fense was committed; and

9 ‘‘(B) in the enforcement of—

10 ‘‘(i) a law regarding the property of

11 the United States in the custody of the De12 partment of Energy, the Commission, or a

13 contractor of the Department of Energy or

14 the Commission or a licensee or certificate

15 holder of the Commission;

16 ‘‘(ii) a law applicable to facilities

17 owned or operated by a Commission li18 censee or certificate holder that are des19 ignated by the Commission under section

20 161k.;

21 ‘‘(iii) a law applicable to property of

22 significance to the common defense and se23 curity that is in the custody of a licensee

24 or certificate holder or a contractor of a li-
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1 censee or certificate holder of the Commis2 sion; or

3 ‘‘(iv) any provision of this Act that

4 subjects an offender to a fine, imprison5 ment, or both.

6 ‘‘(3) OTHER AUTHORITY.—The arrest authority

7 conferred by this section is in addition to any arrest

8 authority under other law.

9 ‘‘(4) GUIDELINES.—The Secretary and the

10 Commission, with the approval of the Attorney Gen11 eral, shall issue guidelines to implement section

12 161k. and this subsection.’’.

13 (b) CONFORMING AND TECHNICAL AMENDMENTS.—

14 The table of contents of chapter 14 of title I of the Atomic

15 Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended

16 by section 7(b)(2)) is amended by adding at the end the

17 following:

‘‘Sec. 170D. Carrying of firearms.’’.

18 SEC. 9. COST RECOVERY FROM GOVERNMENT AGENCIES.

19 Section 161w. of the Atomic Energy Act of 1954 (42

20 U.S.C. 2201(w)) is amended—

21 (1) by striking ‘‘or which operates any facility

22 regulated or certified under section 1701 or 1702,’’;

23 (2) by striking ‘‘section 483a of title 31 of the

24 United States Code’’ and inserting ‘‘section 9701 of

25 title 31, United States Code,’’; and
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1 (3) by inserting before the period at the end the

2 following: ‘‘; and commencing on October 1, 2000,

3 prescribe and collect from any other Government

4 agency, any fee, charge, or price that the Commis5 sion may require in accordance with section 9701 of

6 title 31, United States Code, or any other law’’.

7 SEC. 10. HEARING PROCEDURES.

8 Section 189 a.(1) of the Atomic Energy Act of 1954

9 (42 U.S.C. 2239(a)(1)) is amended by adding at the end

10 the following:

11 ‘‘(C) HEARINGS.—A hearing under this

12 section shall be conducted using informal adju13 dicatory procedures established under sections

14 553 and 555 of title 5, United States Code, un15 less the Commission determines that formal ad16 judicatory procedures are necessary—

17 ‘‘(i) to develop a sufficient record; or

18 ‘‘(ii) to achieve fairness.’’.

19 SEC. 11. HEARINGS ON LICENSING OF URANIUM ENRICH20 MENT FACILITIES.

21 Section 193(b)(1) of the Atomic Energy Act of 1954

22 (42 U.S.C. 2243(b)(1)) is amended by striking ‘‘on the

23 record’’.
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1 SEC. 12. UNAUTHORIZED INTRODUCTION OF DANGEROUS

2 WEAPONS.

3 Section 229a. of the Atomic Energy Act of 1954 (42

4 U.S.C. 2278a(a)) is amended in the first sentence by in5 serting ‘‘or subject to the licensing authority of the Com6 mission or to certification by the Commission under this

7 Act or any other Act’’ before the period at the end.

8 SEC. 13. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

9 Section 236a. of the Atomic Energy Act of 1954 (42

10 U.S.C. 2284(a)) is amended—

11 (1) in paragraph (2), by striking ‘‘storage facil12 ity’’ and inserting ‘‘storage, treatment, or disposal

13 facility’’;

14 (2) in paragraph (3)—

15 (A) by striking ‘‘such a utilization facility’’

16 and inserting ‘‘a utilization facility licensed

17 under this Act’’; and

18 (B) by striking ‘‘or’’ at the end;

19 (3) in paragraph (4)—

20 (A) by striking ‘‘facility licensed’’ and in21 serting ‘‘or nuclear fuel fabrication facility li22 censed or certified’’; and

23 (B) by striking the period at the end and

24 inserting ‘‘; or’’; and

25 (4) by adding at the end the following:
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1 ‘‘(5) any production, utilization, waste storage,

2 waste treatment, waste disposal, uranium enrich3 ment, or nuclear fuel fabrication facility subject to

4 licensing or certification under this Act during con5 struction of the facility, if the person knows or rea6 sonably should know that there is a significant pos7 sibility that the destruction or damage caused or at8 tempted to be caused could adversely affect public

9 health and safety during the operation of the facil10 ity;’’.

11 SEC. 14. NUCLEAR DECOMMISSIONING OBLIGATIONS OF

12 NONLICENSEES.

13 The Atomic Energy Act of 1954 is amended by in14 serting after section 241 (42 U.S.C. 2015) the following:

15 ‘‘SEC. 242. NUCLEAR DECOMMISSIONING OBLIGATIONS OF

16 NONLICENSEES.

17 ‘‘(a) DEFINITION OF FACILITY.—In this section, the

18 term ‘facility’ means a commercial nuclear electric gener19 ating facility for which a nuclear decommissioning obliga20 tion is incurred.

21 ‘‘(b) DECOMMISSIONING OBLIGATIONS.—After public

22 notice and in accordance with section 181, the Commis23 sion shall establish by rule, regulation, or order any re24 quirement that the Commission considers necessary to en25 sure that a person that is not a licensee (including a
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1 former licensee) complies fully with any nuclear decommis2 sioning obligation.’’.

3 SEC. 15. CONTINUATION OF COMMISSIONER SERVICE.

4 Section 201(c) of the Energy Reorganization Act of

5 1974 (42 U.S.C. 5841(c)) is amended—

6 (1) by striking ‘‘(c) Each member’’ and insert7 ing the following:

8 ‘‘(c) TERM.—

9 ‘‘(1) IN GENERAL.—Each member’’; and

10 (2) by adding at the end the following:

11 ‘‘(2) CONTINUATION OF SERVICE.—A member

12 of the Commission whose term of office has expired

13 may, subject to the removal power of the President,

14 continue to serve as a member until the member’s

15 successor has taken office, except that the member

16 shall not continue to serve beyond the expiration of

17 the next session of Congress after expiration of the

18 fixed term of office.’’.

19 SEC. 16. LIMITATIONS ON ACTIONS RELATING TO SOURCE,

20 BYPRODUCT, AND SPECIAL NUCLEAR MATE21 RIAL.

22 (a) DEFINITION OF FEDERALLY PERMITTED RE23 LEASE.—Section 101 of the Comprehensive Environ24 mental Response, Compensation, and Liability Act of

25 1980 (42 U.S.C. 9601) is amended by striking the period
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1 at the end and inserting ‘‘, or any release of such material

2 in accordance with regulations of the Nuclear Regulatory

3 Commission following termination of a license issued by

4 the Commission under the Atomic Energy Act of 1954 (42

5 U.S.C. 2011 et seq.) or by a State acting under an agree6 ment entered into under section 274b. of that Act (42

7 U.S.C. 2021b.).’’.

8 (b) LIMITATION ON ACTIONS.—Section 121(b) of the

9 Comprehensive Environmental Response, Compensation,

10 and Liability Act of 1980 (42 U.S.C. 9621(b)) is amended

11 by adding at the end the following:

12 ‘‘(3) LIMITATION ON ACTIONS RELATING TO

13 SOURCE, BYPRODUCT, AND SPECIAL NUCLEAR MATE14 RIAL.—No authority under this Act may be used to

15 commence an administrative or judicial action with

16 respect to source, special nuclear, or byproduct ma17 terial that is subject to decontamination regulations

18 issued by the Nuclear Regulatory Commission for li19 cense termination under the Atomic Energy Act of

20 1954 (42 U.S.C. 2011 et seq.) or by a State that

21 has entered into an agreement under section 274b.

22 of that Act (42 U.S.C. 2021b.) unless the action is

23 requested by the Nuclear Regulatory Commission or,

24 in the case of material under the jurisdiction of a
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1 State that has entered into such an agreement, the

2 Governor of the State.’’.

3 SEC. 17. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2001.

5 (a) IN GENERAL.—

6 (1) SALARIES AND EXPENSES.—There is au7 thorized to be appropriated to the Nuclear Regu8 latory Commission in accordance with section 261 of

9 the Atomic Energy Act of 1954 (42 U.S.C. 2017)

10 and section 305 of the Energy Reorganization Act of

11 1974 (42 U.S.C. 5875) $465,400,000 for fiscal year

12 2001, to remain available until expended, of which

13 $19,150,000 is authorized to be appropriated from

14 the Nuclear Waste Fund established by section 302

15 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.

16 10222).

17 (2) OFFICE OF INSPECTOR GENERAL.—There is

18 authorized to be appropriated to the Office of In19 spector General of the Nuclear Regulatory Commis20 sion $6,000,000 for fiscal year 2001, to remain

21 available until expended.

22 (b) ALLOCATION OF AMOUNTS AUTHORIZED.—

23 (1) IN GENERAL.—The amounts authorized to

24 be appropriated under subsection (a)(1) shall be al25 located as follows:
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1 (A) NUCLEAR REACTOR SAFETY.—

2 $210,043,000 shall be used for the Nuclear Re3 actor Safety Program.

4 (B) NUCLEAR MATERIALS SAFETY.—

5 $63,881,000 shall be used for the Nuclear Ma6 terials Safety Program.

7 (C) NUCLEAR WASTE SAFETY.—

8 $42,143,000 shall be used for the Nuclear

9 Waste Safety Program.

10 (D) INTERNATIONAL NUCLEAR SAFETY

11 SUPPORT PROGRAM.—$4,840,000 shall be used

12 for the International Nuclear Safety Support

13 Program.

14 (E) MANAGEMENT AND SUPPORT PRO15 GRAM.—$144,493,000 shall be used for the

16 Management and Support Program.

17 (2) LIMITATION.—The Nuclear Regulatory

18 Commission may use not more than 1 percent of the

19 amounts allocated under paragraph (1) to exercise

20 authority under section 31a. of the Atomic Energy

21 Act of 1954 (42 U.S.C. 2051(a)) to make grants

22 and enter into cooperative agreements with organiza23 tions such as universities, State and local govern24 ments, and not-for-profit institutions.

25 (3) REALLOCATION.—
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1 (A) IN GENERAL.—Except as provided in

2 subparagraphs (B) and (C), any amount allo3 cated for a fiscal year under any subparagraph

4 of paragraph (1) for the program referred to in

5 that subparagraph may be reallocated by the

6 Nuclear Regulatory Commission for use in a

7 program referred to in any other such subpara8 graph.

9 (B) LIMITATION.—

10 (i) ADVANCE NOTIFICATION.—The

11 amount made available from appropria12 tions for use for any program referred to

13 in any subparagraph of paragraph (1) may

14 not, as a result of a reallocation under sub15 paragraph (A), be increased or decreased

16 by more than $1,000,000 for a quarter un17 less the Commission provides advance noti18 fication of the reallocation to the Com19 mittee on Commerce of the House of Rep20 resentatives and the Committee on Envi21 ronment and Public Works of the Senate.

22 (ii) CONTENTS.—A notification under

23 clause (i) shall contain a complete state24 ment of the reallocation to be made and
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1 the facts and circumstances relied on in

2 support of the reallocation.

3 (C) USE OF CERTAIN FUNDS.—Funds au4 thorized to be appropriated from the Nuclear

5 Waste Fund—

6 (i) may be used only for the high-level

7 nuclear waste activities of the Commission;

8 and

9 (ii) may not be reallocated for other

10 Commission activities.

11 (c) LIMITATION.—No authority to make payments

12 under this section shall be effective except to such extent

13 or in such amounts as are provided in advance in appro14 priation Acts.

15 SEC. 18. EFFECTIVE DATE.

16 (a) IN GENERAL.—Except as provided in subsection

17 (b), this Act and the amendments made by this Act shall

18 be effective on the date of enactment of this Act.

19 (b) DECOMMISSIONING AND LICENSE REMOVAL.—

20 The amendments made by sections 14 and 16 take effect

21 on the date that is 180 days after the date of enactment

22 of this Act.

Æ