II

106TH CONGRESS

2D SESSION S. 2597

To clarify that environmental protection, safety, and health provisions continue to apply to the functions of the National Nuclear Security Administration to the same extent as those provisions applied to those functions

before transfer to the Administration.

IN THE SENATE OF THE UNITED STATES

MAY 18, 2000

Mr. GORTON (for himself, Mr. DEWINE, Mr. VOINOVICH, Mrs. MURRAY, Mr.

CRAPO, and Mr. CRAIG) introduced the following bill; which was read

twice and referred to the Committee on Armed Services

A BILL

To clarify that environmental protection, safety, and health

provisions continue to apply to the functions of the National Nuclear Security Administration to the same extent as those provisions applied to those functions before

transfer to the Administration.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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•S 2597 IS

1 SECTION 1. CONTINUED APPLICABILITY OF ENVIRON2 MENTAL PROTECTION, SAFETY, AND HEALTH

3 PROVISIONS TO THE NATIONAL NUCLEAR SE4 CURITY ADMINISTRATION.

5 (a) COMPLIANCE REQUIRED.—Section 3261 of the

6 National Nuclear Security Administration Act (title

7 XXXII of Public Law 106–65; 113 Stat. 967; 50 U.S.C.

8 2461) is amended—

9 (1) by amending subsection (a) to read as fol10 lows:

11 ‘‘(a) COMPLIANCE REQUIRED.—The Administrator

12 shall ensure that the operations and activities of the Ad13 ministration are executed in full compliance with the mat14 ters described in subsection (e).’’; and

15 (2) by inserting after subsection (c) the fol16 lowing new subsections:

17 ‘‘(d) SAVINGS CLAUSE.—Nothing in this title shall be

18 construed to limit, impair, enlarge, or otherwise alter the

19 matters described in subsection (e), or any obligation of

20 the Administration or the Department to comply with any

21 such matter.

22 ‘‘(e) MATTERS INCLUDED.—The matters referred to

23 in subsections (a) and (d) are requirements, whether pro24 cedural or substantive, of—
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•S 2597 IS

1 ‘‘(1) Federal environmental, safety, and health

2 laws, regulations, and rules, including any waivers of

3 Federal sovereign immunity in any such laws;

4 ‘‘(2) State, interstate, or local environmental,

5 safety, and health laws, regulations, and rules for

6 which the Federal Government has waived its sov7 ereign immunity;

8 ‘‘(3) to the extent authorized by the laws, regu9 lations, rules, and requirements referred to in para10 graphs (1) and (2) (including any waiver of Federal

11 sovereign immunity in any such laws), any orders,

12 permits, licenses, and other directives issued pursu13 ant to such laws, regulations, rules and require14 ments, including—

15 ‘‘(A) civil and administrative fines and

16 penalties, whether coercive or punitive, and

17 whether imposed for isolated, intermittent, or

18 continuing violations;

19 ‘‘(B) fees and charges; and

20 ‘‘(C) civil and administrative processes, au21 thorities, and sanctions, including injunctive re22 lief; and

23 ‘‘(4) agreements entered into pursuant to those

24 laws, regulations, and rules.’’.
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•S 2597 IS

1 (b) CONFORMING AMENDMENTS.—Section 3296 of

2 such Act (113 Stat. 971; 50 U.S.C. 2484) is amended—

3 (1) by inserting ‘‘(b) OTHER PROVISIONS.—’’

4 before ‘‘Unless’’;

5 (2) by inserting ‘‘other’’ before ‘‘provisions’’;

6 and

7 (3) by inserting before subsection (b) (as des8 ignated by paragraph (1)) the following new sub9 section:

10 ‘‘(a) ENVIRONMENTAL, SAFETY, AND HEALTH PRO11 VISIONS.—All provisions of the matters described in sub12 section (e) of section 3261 in effect immediately before

13 the effective date of this title that are applicable to the

14 functions or facilities of the Department of Energy speci15 fied in section 3291 shall continue to apply to the cor16 responding functions or facilities of the Administration.

17 Nothing in this section shall be construed to impair the

18 application to the Administration of any such matter that

19 becomes effective on or after the effective date of this

20 title.’’.

21 (c) EFFECTIVE DATE.—The amendments made by

22 this section shall take effect on March 1, 2000.

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