Home > 105th Congressional Bills > H.R. 3533 (ih) To terminate the exception provided for certain real estate investment trusts from the rules relating to stapled entities. ...H.R. 3533 (ih) To terminate the exception provided for certain real estate investment trusts from the rules relating to stapled entities. ...
Union Calendar No. 385
105th CONGRESS
2d Session
H. R. 3532
[Report No. 105-680]
_______________________________________________________________________
A BILL
To authorize appropriations for the Nuclear Regulatory Commission for
fiscal year 1999, and for other purposes.
_______________________________________________________________________
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
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 Representatives 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 FISCAL YEAR 1999.
(a) Commission.--There are authorized to be appropriated to the
Nuclear Regulatory Commission, in accordance with the provisions of
section 261 of the Atomic Energy 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 appropriated 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 Program.
(2) Nuclear materials safety.--$48,869,000 for the Nuclear
Materials Safety Program.
(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 Commission may use not
more than 1 percent of the amounts allocated 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
agreements 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 applicable law.
(c) Reallocation.--
(1) In general.--Except as provided in paragraphs (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 paragraph 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 increased or reduced by more than $1,000,000, unless
the Committee on Commerce of the House of Representatives 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 authorized 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 Nuclear Regulatory Commission for
the cooperative nuclear safety research program, services rendered to
State governments, foreign governments and international organizations,
and the material and information access authorization 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 percent
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 effective except to such extent
or in such amounts as are provided 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 Energy 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 Reconciliation 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 Commission 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 construction 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 accordance 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 deposited in the fund. Such
funds shall be held in trust by the Secretary of the Treasury
and shall be disbursed upon certification by the Chairman of
the Nuclear Regulatory Commission. Property accepted pursuant
to this paragraph, 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 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
officer or employee of the <DELETED>Commission. For purposes of
Federal income, estate, and gift taxes, property accepted under
this paragraph shall be considered as a gift, bequest, or
devise to the United States.''.</DELETED> Commission;''.
SEC. 204. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
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 contractors
and subcontractors (at any tier) engaged in the
protection of property under the jurisdiction of the
United States located at facilities owned by or
contracted to the United States or being transported to
or from such facilities as it deems necessary in the
interests of the common defense and security; and
``(2) such of those employees of persons licensed
or certified by the Commission (including employees of
contractors of licensees or certificate holders)
engaged in the protection of property 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 official
duties. A person authorized to carry firearms under this
subsection may, while in the performance of, and in connection
with, official duties make arrests 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 committed 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 arrests only when the
individual to be arrested is within, 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 property of significance to the common defense and security 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, imprisonment, or
both. The arrest authority conferred by this subsection is in addition
to any arrest authority under other laws. The Secretary and the
Commission, with the approval of the Attorney General, shall issue
guidelines to implement this <DELETED>subsection.''.</DELETED>
subsection;''.
SEC. 205. SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE STORAGE
FACILITIES UNDER CONSTRUCTION.
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 destroys or causes
physical damage to, or who intentionally and willfully attempts to
destroy or cause physical damage to--
``(1) any production facility or utilization facility
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
Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |