I
106TH CONGRESS
1ST SESSION
H. R. 2531
To authorize appropriations for the Nuclear Regulatory Commission for fiscal
year 2000, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 15, 1999
Mr. BARTON of Texas (for himself and Mr. HALL of Texas) (both by request)
introduced the following bill; which was referred to the Committee on
Commerce
A BILL
To authorize appropriations for the Nuclear Regulatory
Commission for fiscal year 2000, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Nuclear Regulatory
Commission Authorization Act for Fiscal Year 2000’’.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2000.
(a) COMMISSION.—There are authorized to be appro-
priated to the Nuclear Regulatory Commission, in accord-
ance with the provisions of section 261 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2017) and section 305 of
the Energy Reorganization Act of 1974 (42 U.S.C. 5875),
$465,400,000 for fiscal year 2000 to remain available
until expended, of which $19,150,000 is authorized to be
appropriated from the Nuclear Waste Fund.
(b) OFFICE OF INSPECTOR GENERAL.—There are
authorized to be appropriated to the Nuclear Regulatory
Commission’s Office of Inspector General, in accordance
with the provisions of section 1105(a)(25) of title 31,
United States Code, $6,000,000 for fiscal year 2000 to
remain available until expended.
SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED.
(a) IN GENERAL.—The amounts authorized to be ap-
propriated under section 101(a) for fiscal year 2000 shall
be allocated as follows:
(1) 
NUCLEAR
REACTOR
SAFETY.—
$210,043,000 for the Nuclear Reactor Safety Pro-
gram.
(2) 
NUCLEAR
MATERIALS
SAFETY.—
$63,881,000 for the Nuclear Materials Safety Pro-
gram.
(3) NUCLEAR
WASTE
SAFETY.—$42,143,000
for the Nuclear Waste Safety Program.
(4) INTERNATIONAL
NUCLEAR
SAFETY
SUP-
PORT PROGRAM.—$4,840,000 may be used for the
International Nuclear Safety Support Program.
(5) MANAGEMENT AND SUPPORT PROGRAM.—
$144,493,000 for the Management and Support
Program.
(b) LIMITATIONS.—The Nuclear Regulatory Commis-
sion may use not more than 1 percent of the amounts allo-
cated under subsection (a) to exercise its authority under
section 31a. of the Atomic Energy Act of 1954 (42 U.S.C.
2051(a)) to make grants and enter into cooperative agree-
ments with organizations such as universities, State and
local governments, and not-for-profit institutions. Grants
made by the Commission shall be made in accordance with
chapter 63 of title 31, United States Code, and other ap-
plicable law.
(c) REALLOCATION.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), any amount allocated for a fiscal
year pursuant to any paragraph of subsection (a) for
purposes of the program referred to in the para-
graph may be reallocated by the Nuclear Regulatory
Commission for use in a program referred to in any
other paragraph of subsection (a).
(2) LIMITATION.—The amount available from
appropriations for use in any program specified in
any paragraph of subsection (a) may not, as a result
of reallocations made under paragraph (1), be in-
creased or reduced by more than $1,000,000 in a
quarter, unless the Committee on Commerce of the
House of Representatives and the Committee on En-
vironment and Public Works of the Senate are noti-
fied in advance by the Commission. The notification
shall contain a full and complete statement of the
reallocation to be made and the facts and cir-
cumstances relied upon in support of the realloca-
tion.
(3) USE OF CERTAIN FUNDS.—Funds author-
ized to be appropriated from the Nuclear Waste
Fund may be used only for the high-level nuclear
waste activities of the Commission and may not be
reallocated for other Commission activities.
SEC. 103. LIMITATION.
Notwithstanding any other provision of this Act, no
authority to make payments under this Act shall be effec-
tive except to such extent or in such amounts as are pro-
vided in advance in appropriation Acts.
SEC. 104. NRC USER FEES AND ANNUAL CHARGES.
Section 6101(a)(3) of the Omnibus Budget Reconcili-
ation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by
striking ‘‘September 30, 1999’’ and inserting ‘‘September
30, 2004’’.
SEC. 105. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161 w. of the Atomic Energy Act of 1954
(42 U.S.C. 2201w.) is amended—
(1) by striking ‘‘, or which operates any facility
regulated or certified under section 1701 or 1702,’’;
(2) by striking ‘‘483 a.’’ and inserting ‘‘9701’’;
and
(3) by inserting immediately before the period
the following: ‘‘, and commencing October 1, 2000,
prescribe and collect from any other Government
agency any fee, charge, or price which it may require
in accordance with such section 9701 or any other
law’’.
TITLE II—OTHER PROVISIONS
SEC. 201. CARRYING OF FIREARMS BY LICENSEE EM-
PLOYEES.
Section 161k. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(k)) is amended to read as follows:
‘‘k. authorize such of its members, officers, and
employees as it deems necessary in the interest of
the common defense and security to carry firearms
while in the discharge of their official duties. The
Commission may also authorize—
‘‘(1) such of those employees of its con-
tractors and subcontractors (at any tier) en-
gaged in the protection of property under the
jurisdiction of the United States located at fa-
cilities owned by or contracted to the United
States or being transported to or from such fa-
cilities as it deems necessary in the interests of
the common defense and security; and
‘‘(2) such of those employees of persons li-
censed or certified by the Commission (includ-
ing employees of contractors of licensees or cer-
tificate holders) engaged in the protection of
property of (A) facilities owned or operated by
a Commission licensee or certificate holder that
are designated by the Commission, or (B) prop-
erty of significance to the common defense and
security located at facilities owned or operated
by a Commission licensee or certificate holder
or being transported to or from such facilities;
to carry firearms while in the discharge of their offi-
cial duties. A person authorized to carry firearms
under this subsection may, while in the performance
of, and in connection with, official duties, make ar-
or a contractor of a licensee or certificate holder of
the Commission, or any provision of this chapter
that may subject an offender to a fine, imprison-
ment, or both. The arrest authority conferred by this
subsection is in addition to any arrest authority
under other laws. The Secretary and the Commis-
sion, with the approval of the Attorney General,
shall issue guidelines to implement this subsection;’’.
SEC. 202. UNAUTHORIZED INTRODUCTION OF DANGEROUS
WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42
U.S.C. 2278a(a)) is amended by adding after ‘‘custody of
the Commission’’ the following: ‘‘or subject to its licensing
authority or to certification by the Commission under this
Act or any other Act’’.
SEC. 203. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42
U.S.C. 2284(a)) is amended to read as follows:
‘‘a. Any person who intentionally and willfully de-
stroys or causes physical damage to, or who intentionally
and willfully attempts to destroy or cause physical damage
to—
‘‘(1) any production facility or utilization facil-
ity licensed under this Act,
‘‘(2) any nuclear waste storage, treatment, or
disposal facility licensed under this Act,
‘‘(3) any nuclear fuel for a utilization facility li-
censed under this Act or any spent nuclear fuel from
such a facility,
‘‘(4) any uranium enrichment or nuclear fuel
fabrication facility licensed or certified by the Nu-
clear Regulatory Commission,
‘‘(5) any production, utilization, waste storage,
waste treatment, waste disposal, uranium enrich-
ment, or nuclear fuel fabrication facility subject to
licensing or certification under this Act during its
construction where the destruction or damage
caused or attempted to be caused could affect public
health and safety during the operation of the facil-
ity,
shall be fined not more than $10,000 or imprisoned for
not more than 10 years, or both.’’.
SEC. 204. PERIOD OF A COMBINED LICENSE.
Subsection c. of section 103 of the Atomic Energy
Act of 1954 (42 U.S.C. 2133(c)) is amended by adding
at the end the following: ‘‘In the case of a combined con-
struction and operating license issued under section 185
b., the initial duration of the license may not exceed 40
years from the date on which the Commission finds, prior
to operation of the facility, that the acceptance criteria
required by such section have been met.’’.
SEC. 205. ELIMINATION OF FOREIGN OWNERSHIP PROHIBI-
TIONS.
(a) The second sentence of section 103 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is
amended by inserting after ‘‘license’’ the following: ‘‘for
a production facility’’.
(b) The second sentence of section 104d. of the Atom-
ic Energy Act of 1954 (42 U.S.C. 2134d)) is amended
by inserting after ‘‘license’’ the following: ‘‘for a produc-
tion facility’’.
SEC. 206. ELIMINATION OF NRC ANTITRUST REVIEWS.
Section 105 of the Atomic Energy Act of 1954 (42
U.S.C. 2135) is amended by adding at the end the fol-
lowing:
‘‘d. Following the date of enactment of this sub-
section, subsection c. shall not apply to any pending or
future application filed for a license to construct or oper-
ate a utilization facility under section 103 or 104 b. This
Act shall not affect the Commission’s authority to enforce
antitrust conditions included in licenses issued under sec-
tion 103 or 104 b. before the date of enactment of this
subsection.’’.
SEC. 207. ACTIONS RELATING TO SOURCE, BYPRODUCT,
AND SPECIAL NUCLEAR MATERIAL.
The Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) is amended—
(1) by inserting the following before the period
at the end of clause (K) of section 101(10) (42
U.S.C. 9601(10): ‘‘, or any release of such material
in accordance with regulations of the Nuclear Regu-
latory Commission following termination of a license
issued by such Commission pursuant to the Atomic
Energy Act of 1954 or by a State acting under an
agreement entered into pursuant to section 274 b. of
such Act’’.
(2) by adding at the end of section 121(b) (42
U.S.C. 9621(b)) the following:
‘‘(3) No authority of this Act may be used to com-
mence an administrative or judicial action with respect to
source, special nuclear, or byproduct material that is sub-
ject to decontamination regulations issued by the Nuclear
Regulatory Commission for license termination under the
Atomic Energy Act of 1954 or by a State that has entered
into an agreement pursuant to section 274 b. of such Act
unless such action is requested by such Commission or,
in the case of such material under the jurisdiction of such
a State, the Governor of the State.’’.
SEC. 208. HEARINGS ON LICENSING URANIUM ENRICH-
MENT FACILITIES.
Section 193(b)(1) of the Atomic Energy Act of 1954
(42 U.S.C.2243(b)(1)) is amended by striking ‘‘on the
record’’.
SEC. 209. CONTINUATION OF COMMISSIONER SERVICE.
Section 201(c) of the Energy Reorganization Act of
1974 (42 U.S.C. 5841(c)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’, and
(2) by adding at the end the following:
‘‘(2) A member of the Commission whose term of of-
fice has expired may, subject to the removal power of the
President, continue to serve as a member until the mem-
ber’s successor has taken office, except that the member
shall not continue to serve beyond the expiration of the
next session of Congress subsequent to the expiration of
the fixed term of office.’’.
SEC. 210. GIFT ACCEPTANCE AUTHORITY.
Section 161g. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(g)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘g.’’, and
(2) by adding the following paragraph after
paragraph (1):
‘‘(2) accept, hold, utilize, sell, and administer
gifts, bequests, or donations of real and personal
property for the purpose of aiding or facilitating the
work of the Nuclear Regulatory Commission. There
is established in the Treasury a fund for use in ac-
cordance with the provisions of this paragraph. Any
gift of money accepted pursuant to the authority
granted in this paragraph, or the net proceeds from
the sale of any property so accepted, shall be depos-
ited in the fund. Such funds shall be held in trust
by the Secretary of the Treasury and are hereby ap-
propriated, without fiscal year limitation, and shall
be available to the Chairman of the Nuclear Regu-
latory Commission without further appropriations
action. Property accepted pursuant to this para-
graph, and the proceeds thereof, shall be used as
nearly as possible in accordance with the terms of
the gift, bequest, or donation if such terms are not
inconsistent with this paragraph or any other appli-
cable law. The Commission shall establish written
criteria for determining whether to accept bequests,
gifts, or donations of money or property pursuant to
this paragraph. Such criteria shall take into consid-
eration whether the acceptance of the gift, bequest,
or donation would compromise the integrity of, or
the appearance of the integrity of, the Nuclear Reg-
ulatory Commission or any officer or employee of the
Commission;’’.
SEC. 211. OFFICE LOCATION.
Section 23 of the Atomic Energy Act of 1954 (42
U.S.C. 2033) is amended by striking ‘‘; however, the Com-
mission shall maintain an office for the service of process
and papers within the District of Columbia’’.
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