I
103D CONGRESS
2D SESSION
H. R. 3920
To provide for the licensing of all new Federal nuclear facilities by the
Nuclear Regulatory Commission, and to establish a Federal Nuclear
Facilities Regulatory Review Commission to recommend an approach
to subjecting existing Federal nuclear facilities to independent regulation.
IN THE HOUSE OF REPRESENTATIVES
FEBURARY 28, 1994
Mr. MILLER of California (for himself, Mr. LEHMAN, Mr. SHARP, and Mr.
DEFAZIO) introduced the following bill; which was referred jointly to the
Committees on Natural Resources, Energy and Commerce, Armed Serv-
ices, and Science, Space, and Technology
A BILL
To provide for the licensing of all new Federal nuclear facili-
ties by the Nuclear Regulatory Commission, and to es-
tablish a Federal Nuclear Facilities Regulatory Review
Commission to recommend an approach to subjecting
existing Federal nuclear facilities to independent regula-
tion.
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 ‘‘Federal Nuclear Facili-
ties Licensing and Regulation Act’’.
TITLE 
I—NRC 
LICENSING 
OF
NEW DEPARTMENT OF EN-
ERGY NUCLEAR FACILITIES
SEC. 101. AMENDMENT TO ENERGY REORGANIZATION ACT
OF 1974.
Section 202 of the Energy Reorganization Act of
1974 (42 U.S.C. 5842) is amended—
(1) by inserting after the section designation
the following: ‘‘(a) CERTAIN
SPECIFIC
FACILI-
TIES.—’’ ; and
(2) by adding at the end the following new sub-
section:
‘‘(b) NEW DEPARTMENT OF ENERGY NUCLEAR FA-
CILITIES.—
‘‘(1) LICENSING REQUIREMENTS.—
‘‘(A) IN GENERAL.—No person may con-
struct or operate any new Department of En-
ergy nuclear facility except under and in ac-
cordance with a license issued by the Nuclear
Regulatory Commission pursuant to—
‘‘(i) standards issued by the Adminis-
trator of the Environmental Protection
Agency under paragraph (2); and
‘‘(ii) requirements and procedures es-
tablished by the Commission by rule.
‘‘(B) REQUIREMENTS AND PROCEDURES.—
The requirements and procedures established
under subparagraph (A) shall—
‘‘(i) implement the standards issued
by the Administrator of the Environmental
Protection Agency under paragraph (2);
‘‘(ii) provide for extensive participa-
tion by the States and the public; and
‘‘(iii) include necessary protections for
the national security.
‘‘(2) STANDARDS FOR PROTECTION FROM RA-
DIOACTIVE
RELEASES.—The Administrator of the
Environmental Protection Agency shall, by rule and
pursuant to the authority under Reorganization Plan
No. 3 of 1970 (5 U.S.C. App.), issue standards for
the protection of the public health and safety and
the environment from radioactive releases from new
Department of Energy nuclear facilities. The Admin-
istrator shall issue the 1st such standards not later
than 2 years after the date of the enactment of this
subsection.
‘‘(3) PRESIDENTIAL WAIVER.—
‘‘(A) IN
GENERAL.—The President may
waive any licensing requirement or standard im-
posed on the Secretary of Energy pursuant to
this subsection if the President determines that
the waiver is necessary for national security
reasons.
‘‘(B) SCOPE AND DURATION.—Any waiver
granted under subparagraph (A) shall be lim-
ited in scope and duration to that required for
national security reasons.
‘‘(C) NOTIFICATION
OF
CONGRESS
AND
PUBLIC.—The President shall provide written
notification to the Speaker of the House of
Representatives and the President pro tempore
of the Senate, and shall make a public an-
nouncement, of any waiver granted under sub-
paragraph (A) and the reasons therefor.
‘‘(4) COORDINATION OF PROVISIONS.—The pro-
visions of this subsection—
‘‘(A) shall not apply to any facility subject
to regulation under subsection (a);
‘‘(B) shall apply notwithstanding section
110 a. of the Atomic Energy Act of 1954 (42
U.S.C. 2140(a)) or any other provision of such
Act; and
‘‘(C) shall apply subject to section 110 b.
of the Atomic Energy Act of 1954 (42 U.S.C.
2140(b)).
‘‘(5) DEFINITIONS.—For purposes of this sub-
section:
‘‘(A) The term ‘Department of Energy nu-
clear facility’ means a facility that—
‘‘(i) is a production facility or utiliza-
tion facility, or a facility for the process-
ing, storage, or disposal of source material,
byproduct material, or special nuclear ma-
terial, as such terms are defined in section
11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014);
‘‘(ii) is under the control or jurisdic-
tion of the Department of Energy, or of
any successor in interest to Department of
Energy nuclear facilities; and
‘‘(iii) is not covered by Executive
Order 12344 (42 U.S.C. 7158 note; relat-
ing to Naval Nuclear Propulsion Program).
‘‘(B) The term ‘new Department of Energy
nuclear facility’ means a Department of Energy
nuclear facility that is not in existence, or
under construction, on the date of the enact-
ment of this subsection.’’.
TITLE 
II—FEDERAL 
NUCLEAR
FACILITIES REGULATORY RE-
VIEW COMMISSION
SEC. 201. ESTABLISHMENT.
There is established a commission to be known as the
Federal Nuclear Facilities Regulatory Review Commis-
sion. The Commission shall be considered to be an advi-
sory committee subject to the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.).
SEC. 202. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 13 members as follows:
(1) The Secretary of Energy (or a designee).
(2) The Chairman of the Nuclear Regulatory
Commission (or a designee).
(3) The Administrator of the Environmental
Protection Agency (or a designee).
(4) The Chairman of the Defense Nuclear Fa-
cilities Safety Board (or a designee).
(5) The Secretary of Defense (or a designee).
(6) 8 individuals appointed by the President not
later than 90 days after the date of the enactment
of this Act, as follows:
(A) 2 Governors of host States for major
Department of Energy nuclear facilities (or
their designees), at least 1 of whom shall be
from an agreement State under section 274 of
the Atomic Energy Act of 1954 (42 U.S.C.
2021).
(B) 1 representative of a major Depart-
ment of Energy nuclear facility contractor.
(C) 2 representatives of environmental or-
ganizations active in oversight of Department of
Energy nuclear facilities, 1 of whom shall be a
representative of a national environmental orga-
nization and 1 of whom shall be a representa-
tive of a regional environmental organization.
(D) 1 tribal chairperson of an Indian tribe
affected by a Department of Energy nuclear fa-
cility (or a designee).
(E) 1 member of the Secretary of Energy’s
former Advisory Committee on Nuclear Facility
Safety.
(F) 1 individual with expertise in health
physics.
(b) TERMS.—Each member shall be appointed for the
life of the Commission.
(c) COMPENSATION.—
(1) RATES
OF
PAY.—Except as provided in
paragraph (2), members of the Commission shall
each be entitled to receive the daily equivalent of the
annual rate of basic pay for level III of the Execu-
tive Schedule for each day (including travel time)
during which they are engaged in the actual per-
formance of duties vested in the Commission.
(2) PROHIBITION OF COMPENSATION OF FED-
ERAL
EMPLOYEES.—Members of the Commission
who are full-time officers or employees of the United
States may not receive additional pay, allowances, or
benefits by reason of their service on the Commis-
sion.
(3) TRAVEL EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code.
(d) QUORUM.—A majority of the members of the
Commission shall constitute a quorum, but a lesser num-
ber may hold hearings.
(e) CHAIRPERSON.—The Chairperson of the Commis-
sion shall be designated by the President from among the
members appointed under subsection (a)(6) who are not
currently directly involved in the management or oversight
of any Department of Energy nuclear facility.
(f) MEETINGS.—The Commission shall meet at the
call of the Chairperson or a majority of its members.
SEC. 203. DUTIES.
(a) IN GENERAL.—The duties of the Commission
shall be to determine, and to recommend to the Congress,
an approach to subjecting existing Department of Energy
nuclear facilities to independent regulation.
(b) SPECIFIC ISSUES.—In making the determination
required by subsection (a), the Commission shall address
the following issues:
(1) The appropriate means of implementing
independent regulation of existing Department of
Energy nuclear facilities, including—
(A) the appropriate standard-setting agen-
cy or agencies;
(B) the appropriate enforcement agency or
agencies;
(C) the appropriate structure, procedures,
and scope of regulation;
(D) the most efficient means of transition
to a regulatory regime;
(E) the appropriate source for additional
funding required to carry out the new regula-
tion; and
(F) the appropriate role of the States, In-
dian tribes, and the public, in the regulatory
process.
(2) The appropriate manner of regulating
mixed radioactive and hazardous wastes and low-
level radioactive waste.
(3) Whether the authority to impose penalties
under the Price-Anderson civil penalty provisions of
section 234A of the Atomic Energy Act of 1954 (42
U.S.C. 2282a) should be transferred to the new reg-
ulator or regulators.
(4) Issues relating to enforcement powers, in-
cluding—
(A) shutdown authority;
(B) civil and criminal penalties;
(C) enforcement against the Department
of Energy as compared to enforcement against
the Department of Energy’s contractors;
(D) elimination of exemptions for nonprofit
contractors such as universities;
(E) contractor liability for violations re-
sulting from Department of Energy require-
ments or from funding limitations;
(F) protection of national security and
safeguards information; and
(G) presidential exemption from require-
ments for national security reasons.
(5) Any recommendations for revisions to the
regulatory regime established for new Department of
Energy nuclear facilities by the amendments made
by title I.
(6) Issues relating to the classification and de-
classification of information by the Department of
Energy, including the designation and review of Re-
stricted Data and Unclassified Controlled Nuclear
Information under sections 142 and 148 of the
Atomic Energy Act of 1954 (42 U.S.C. 2163 and
2168), as such issues affect public participation in
the regulatory process.
(7) Any other issue considered by the Commis-
sion to be relevant to the determination required by
subsection (a).
(c) PUBLIC PARTICIPATION.—In carrying out its du-
ties under this section and throughout its deliberations,
the Commission shall actively solicit the views and partici-
pation of the States, Indian tribes, local governments,
businesses, citizens’ organizations, and interested mem-
bers of the public.
SEC. 204. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
(a) DIRECTOR.—The Commission shall have a Direc-
tor who shall be appointed by the Commission. The Direc-
tor shall be paid at the rate of basic pay for level V of
the Executive Schedule.
(b) STAFF.—With the approval of the Commission,
the Director may appoint and fix the pay of additional
personnel as the Director considers appropriate. Such ad-
ditional personnel shall be paid at a rate not to exceed
the maximum rate of basic pay payable for GS–15 of the
General Schedule.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission may
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates.
(d) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, the Director may procure tem-
porary and intermittent services under section 3109(b) of
title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum annual
rate of basic pay payable for GS–15 of the General Sched-
ule.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the Director, the head of any Federal department or
agency may detail, on a reimbursable basis, any of the
personnel of the department or agency to the Commission
to assist it in carrying out its duties under this title.
SEC. 205. POWERS.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this title, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is au-
thorized to take by this section.
(c) OBTAINING OFFICIAL DATA.—
(1) IN GENERAL.—The Commission may secure
directly from any Federal department or agency in-
formation necessary to enable it to carry out this
title, including—
(A) Restricted Data, as defined in section
11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y));
(B) other classified information;
(C) safeguards information subject to sec-
tion 147 of the Atomic Energy Act of 1954 (42
U.S.C. 2167); and
(D) Unclassified Controlled Nuclear Infor-
mation subject to section 148 of the Atomic
Energy Act of 1954 (42 U.S.C. 2168).
(2) FURNISHING
OF
INFORMATION.—Upon a
request for information by the Chairperson of the
Commission under paragraph (1), the head of the
Federal department or agency shall furnish the in-
formation to the Commission.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal departments and agencies.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities
under this title.
(f) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Com-
mission. The attendance of witnesses and the pro-
duction of evidence may be required from any place
within the United States at any designated place of
hearing within the United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the
matter under investigation. The application may be
made within the judicial district where the hearing
is conducted or where that person is found, resides,
or transacts business. Any failure to obey the order
of the court may be punished by the court as civil
contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is made under paragraph
(2) may be served in the judicial district in which
the person required to be served resides or may be
found.
(5) IMMUNITY.—The Commission is an agency
of the United States for the purpose of part V of
title 18, United States Code (relating to immunity
of witnesses).
SEC. 206. REPORTS.
(a) INTERIM REPORTS.—The Commission may sub-
mit to the Congress interim reports as the Commission
considers appropriate.
(b) FINAL REPORT.—The Commission shall transmit
a final report to the Congress not later than 18 months
after the date of the enactment of this Act. The final re-
port shall contain a detailed statement of the findings and
conclusions of the Commission, together with its rec-
ommendations for legislation and administrative actions.
SEC. 207. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘Commission’’ means the Federal
Nuclear Facilities Regulatory Review Commission
established by section 201.