I
106TH CONGRESS
2D SESSION
H. R. 4288
To clarify that environmental protection, safety, and health provisions con-
tinue to apply to the functions of the National Nuclear Security Adminis-
tration to the same extent as those provisions applied to those functions
before transfer to the Administration.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 2000
Mr. BARTON of Texas (for himself, Mr. STRICKLAND, Mr. DINGELL, and Mr.
SAWYER) introduced the following bill; which was referred to the Com-
mittee on Commerce, and in addition to the Committee on Armed Serv-
ices, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To clarify that environmental protection, safety, and health
provisions continue to apply to the functions of the Na-
tional Nuclear Security Administration to the same ex-
tent as those provisions applied to those functions before
transfer to the Administration.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONTINUED APPLICABILITY OF ENVIRON-
MENTAL PROTECTION, SAFETY, AND HEALTH
PROVISIONS TO THE NATIONAL NUCLEAR SE-
CURITY ADMINISTRATION.
(a) COMPLIANCE REQUIRED.—Section 3261 of the
National Nuclear Security Administration Act (50 U.S.C.
2461) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) COMPLIANCE REQUIRED.—The Administrator
shall ensure that the operations and activities of the Ad-
ministration are executed in full compliance with the mat-
ters described in subsection (e).’’; and
(2) by inserting after subsection (c) the fol-
lowing new subsections:
‘‘(d) SAVINGS CLAUSE.—Nothing in this title shall be
construed to limit, impair, enlarge, or otherwise alter the
matters described in subsection (e), or any obligation of
the Administration or the Department to comply with any
such matter.
‘‘(e) MATTERS INCLUDED.—The matters referred to
in subsections (a) and (d) are requirements, whether pro-
cedural or substantive, of—
‘‘(1) Federal environmental, safety, and health
laws, regulations, and rules, including any waivers of
Federal sovereign immunity in any such laws;
‘‘(2) State, interstate, or local environmental,
safety, and health laws, regulations, and rules for
which the Federal Government has waived its sov-
ereign immunity;
‘‘(3) orders, permits, licenses, and other direc-
tives issued pursuant to the laws, regulations, and
rules and requirements referred to in paragraphs (1)
and (2), including—
‘‘(A) civil and administrative fines and
penalties, whether coercive or punitive, and
whether imposed for isolated, intermittent, or
continuing violations;
‘‘(B) fees and charges; and
‘‘(C) civil and administrative processes, au-
thorities, and sanctions, including injunctive re-
lief; and
‘‘(4) agreements entered into pursuant to those
laws, regulations, and rules.’’.
(b) Section 3296 of such Act (50 U.S.C. 2484) is
amended—
(1) by inserting ‘‘(b) OTHER PROVISIONS.—’’
before ‘‘Unless’’;
(2) by inserting ‘‘other’’ before ‘‘provisions’’;
and
(3) by inserting before subsection (b) (as des-
ignated by paragraph (1)) the following new sub-
section:
‘‘(a) ENVIRONMENTAL, SAFETY, AND HEALTH PRO-
VISIONS.—All provisions of the matters described in sub-
section (e) of section 3261 in effect immediately before
the effective date of this title that are applicable to the
functions or facilities of the Department of Energy speci-
fied in section 3291 shall continue to apply to the cor-
responding functions or facilities of the Administration.
Nothing in this section shall be construed to impair the
application to the Administration of any such matter that
becomes effective on or after the effective date of this
title.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on March 1, 2000.
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