IB
Union Calendar No. 385
105TH CONGRESS
2D SESSION
H. R. 3532
[Report No. 105–680]
To authorize appropriations for the Nuclear Regulatory Commission for fiscal
year 1999, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1998
Mr. DAN SCHAEFER of Colorado introduced the following bill; which was
referred to the Committee on Commerce
AUGUST 6, 1998
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
A BILL
To authorize appropriations for the Nuclear Regulatory
Commission for fiscal year 1999, 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 1999’’.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 1999.
(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),
$483,340,000 for fiscal year 1999 to remain available
until expended, of which $18,500,000 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, $5,300,000 for fiscal year 1999 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 1999 shall
be allocated as follows:
(1) 
NUCLEAR
REACTOR
SAFETY.—
$211,422,000 for the Nuclear Reactor Safety Pro-
gram.
(2) 
NUCLEAR
MATERIALS
SAFETY.—
$48,869,000 for the Nuclear Materials Safety Pro-
gram.
(3) NUCLEAR
WASTE
SAFETY.—$29,147,000
for the Nuclear Waste Safety Program.
(4) COMMON
DEFENSE
AND
SECURITY
AND
INTERNATIONAL
INVOLVEMENT.—$9,732,000 
for
the Common Defense and Security and International
Activities or Affairs Program.
(5) 
PROTECTING
THE
ENVIRONMENT.—
$14,901,000 for the Protecting the Environment
Program.
(6) 
MANAGEMENT
AND
SUPPORT.—
$169,269,000 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, unless
the Committee on Commerce of the House of Rep-
resentatives and the Committee on Environment and
Public Works of the Senate are notified in advance
by the Commission. The notification shall contain a
full and complete statement of the reallocation to be
made and the facts and circumstances relied upon in
support of the reallocation.
(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. RETENTION OF FUNDS.
Notwithstanding the provisions of section 3302 of
title 31, United States Code, money received by the Nu-
clear Regulatory Commission for the cooperative nuclear
safety research program, services rendered to State gov-
ernments, foreign governments and international organi-
zations, and the material and information access author-
ization programs (including criminal history checks under
section 149 of the Atomic Energy Act of 1954 (42 U.S.C.
2169)) may be retained and used for salaries and expenses
associated with those activities, and shall remain available
until expended.
SEC. 104. TRANSFER OF CERTAIN FUNDS.
From amounts authorized to be appropriated to the
Nuclear Regulatory Commission under section 101(a),
other than funds appropriated from the Nuclear Waste
Fund, the Commission may transfer amounts to its Office
of Inspector General, except that the total amount so
transferred during any fiscal year may not exceed 5 per-
cent of the amount authorized under section 101(b) for
the fiscal year.
SEC. 105. 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. 106. LICENSE FEE EXEMPTION.
Funds authorized to be appropriated by this Act for
regulatory reviews and other assistance provided by the
Nuclear Regulatory Commission to the Department of En-
ergy and other Federal agencies for activities that do not
derive their funding from the Nuclear Waste Fund shall
be excluded from the calculation of the aggregate amount
of charges described in section 6101(c)(2) of the Omnibus
Budget 
Reconciliation 
Act 
of 
1990 
(42 
U.S.C.
2214(c)(2)).
SEC. 107. 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, 1998’’ and inserting ‘‘September
30, 2003’’.
TITLE II—OTHER PROVISIONS
SEC. 201. 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’’.
SEC. 202. PERIOD OF A COMBINED LICENSE.
Paragraph 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 section 185b. have been met.’’
SEC. 203. 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 shall be dis-
bursed upon certification by the Chairman of the
Nuclear Regulatory Commission. Property accepted
pursuant to this paragraph, and the proceeds there-
of, 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 applicable 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 consideration whether the acceptance
of the gift, bequest, or donation would compromise
the integrity of, or the appearance of the integrity
of, the Nuclear Regulatory Commission or any offi-
cer or employee of the Commission. For purposes of
Federal income, estate, and gift taxes, property ac-
cepted under this paragraph shall be considered as
a gift, bequest, or devise to the United States.’’.
Commission;’’.
SEC. 204. CARRYING OF FIREARMS BY LICENSEE EMPLOY-
EES.
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 significance to the common defense
and security located at facilities owned or oper-
ated by a Commission licensee or certificate
holder or being transported to or from such fa-
cilities;
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-
rests without warrant for any offense against the
United States committed in that person’s presence
or for any felony cognizable under the laws of the
United States if that person has reasonable grounds
to believe that the individual to be arrested has com-
mitted or is committing such felony. An employee of
a contractor or subcontractor or of a Commission
licensee or certificate holder (or a contractor of a
licensee or certificate holder) authorized to carry
firearms under this subsection may make such ar-
rests only when the individual to be arrested is with-
in, or in direct flight from, the area of such offense.
A person granted authority to make arrests by this
subsection may exercise that authority only in the
enforcement of laws regarding the property of the
United States in the custody of the Department of
Energy, the Nuclear Regulatory Commission, or a
contractor of the Department of Energy or Nuclear
Regulatory Commission or a licensee or certificate
holder of the Commission, laws applicable to prop-
erty of significance to the common defense and secu-
rity that is in the custody of a licensee or certificate
holder 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, im-
prisonment, or both. The arrest authority conferred
by this subsection is in addition to any arrest au-
thority under other laws. The Secretary and the
Commission, with the approval of the Attorney Gen-
eral, shall issue guidelines to implement this sub-
section.’’. subsection;’’.
SEC. 205. SABOTAGE OF PRODUCTION, UTILIZATION, OR
WASTE STORAGE FACILITIES UNDER CON-
STRUCTION.
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 uranium enrichment or nuclear fuel
fabrication facility licensed or certified by the Nu-
clear Regulatory Commission;
‘‘(4) 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; or
‘‘(5) any nuclear fuel for a utilization facility li-
censed under this Act, or any spent nuclear fuel
from such a facility;
shall be fined not more than $10,000 or imprisoned for
not more than 10 years, or both.’’.
SEC. 206. 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.’’. Act’’.
SEC. 207. 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 the following paragraph after
paragraph (1):
‘‘(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