ML19308B865
| ML19308B865 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/17/1979 |
| From: | SENATE |
| To: | |
| References | |
| TASK-TF, TASK-TMR NUDOCS 8001170470 | |
| Download: ML19308B865 (27) | |
Text
11
!)fiTH CONGItESS 1sT SESSloN IN TIIE SENATE OF TIIE UNITED STATES
.Icov 17 (legislative day,.IUNE 21), l!)ID Ordered to be printed as passed AN ACT To authorize appropriations to the Nuclear Regulatory Commis-sion in accordance with section 201 of the Atomic Energy Act of 1954, as amended, and section 305 of the Energy Reorganization Act of 1974, as amended, and for other purposes.
1 He it enacted by the Senate and House of Representa-2 tires of the United States of America in Congress assembled, 3
TITLE I 4
SEC.101. (a) There is hereby authorized to be appropri-5 ated to the Nuclear Regulatory Commission in accordance G with the provisions of section 261 of the Atomic Energy Act 7 of 1954, as amended, and section 305 of the Energy Reorga-Posn TO Ws
2 1 nization Act of 1974, as amended, for the fiscal year 1980 2 the sum of $373,300,000, to remain asailable until expended.
3 Of such total amount authorized to be appropriated:
4 (1) not more than $57,040,000 may be used for 5
" Nuclear Reactor Regulation";
{
6 (2) not more than $41,200,000 may be used for 7
" Inspection and 8nforcement"; of the total amount ap-8 propriated for this purpose, $4,684,000 shall be avail-9 able for support for 146 additional inspectors for the 10 Resident Inspector program; 11 (3) not more than $14,270,000 may be used for 12
" Standards Development";
13 (4) not more than $29,605,000 may be used for 14
" Nuclear Material Safety and Safeguards"; of the total 15 amount appropriated for this purpose, $9,675,000 shall 16 he available for Nuclear Waste Disposal and Manage-i 17 ment activities, including support for five additional po-18 sitions in the Division of Waste Management for imple-19 mentation of the Uranium Mill Tailings Radiation Con-J 20 trol Act (Public Law 95-604, 42 U.S.C. 7901 et seq.);
21 (5) not more than $210,570,000 may be used for 22
" Nuclear Regulatory Research"; of the total amount 23 appropriated for this purpose, $4,400,000 shall be 24 available for implementation of the,. Improved Safety 25 Systems Research plan required by section 205(f) of
3 1
the Energy Iteorganization Act of 1974, as amended, 2
and $6,700,000 shall be available for Nuclear Waste 3
Ilesearch activities; 4
(6) not more than $14,025,000 may be used for
" Program Technical Support"; of the total amount ap-j a
6 proprinted for this purpose, $4,238,000 shall be availa-7 ble to the Office of State Programs, including support 8
for eight additional positions for training and assistance 9
to State and local governments in radiological emer-10 gency response planning and operations and for review 11 of State plans; and 12 (7) not more than $30,000,000 may be used for 13
" Program Direction and Administration"; of the total 14 amount appropriated for this purpose, $400,000 shall 15 he available for support of eight additional positions in 16 the Division of Contracts, Office of Administration.
17 (b) No amount appropriated to the Commission pursuant 18 to subsection (a) may be used for any purpose in excess of the ID amount expressly authorized to be appropriated therefor by 20 paragraphs (1) through (7) of such subsection, if such excess 21 amount is greater than $500,000, nor may the amount avail-22 able from any appropriation for any purpose specified in such 23 paragraphs be reduced by more than $500,000, unless 24 (1) a period of forty-five calendar days (not includ-25 ing any day in which either IIouse of Congress is not
4 i
1 in session because of an adjournment of more than i
i 2
three calendar days to a day certain or an adjournment 3
sine die) has passed after the receipt by the Committee l
4 on Interstate and Foreign Commerce and the Commit-5 tee on Interior and Insular Affairs of the IIouse of G
Representatives and the Committee on Environment 7
and Public Works of the Senate of notice given by the
]
8 Commission containing a full and complete statement l
9 of the action proposed to be taken and the facts and 10 circumstances relied upon in support of such proposed 11 action, or 12 (2) each such Committee before the expiration of i
13 such period has transmitted to the Commission a writ-14 ten notification that there is no objection to the pro-15 posed action:
16 Provided, horcerer, That no addition to or reduction from the 17 amount expressly authorized to be appropriated for any pur-18 pose in accordance with this subsection shall reduce the i
19 amounts available for the Resident Inspector program, Nu-20 cler.r Waste Disposal and Management, Improved Safety 4
i
') 1 Systems Research, Nuclear Waste Research, the Office of 22 State Programs, and the Office of Administration specified in 23 paragraphs (1) through (7) of subsection (a).
24 (c) No amount authorized to be appropriated by this Act i
25 may be used by the Commission to i
i
5 1
(1) place any new work or substantial modification 2
to existing work with another Federal agency, or 3
(2) contract for research services or modify such a 4
contract 5 in an amount greater than $500,000, unless such placement 6 of work, contract, or modification is approved by a Senior 7 Contract Iteview Iloard, to be appointed by the Commission 8 within sixty days of the date of enactment of this Act. Such 9 lloard shall be accountable to and under the direction of the 10 Commission. If the amount of such placement, contract, or 11 modification is $1,000,000 or more, approval thereof shall be 12 by majority vote of the Commission. Prior to affording any 13 approval in accordance with this subsection, the reviewing 14 body designated hereunder shall determine that the place-15 ment. contract, or modification contains a detailed description 16 of work to be performed, and that alternative methods of ob-17 taining performance, including competitive procurement, 18 have been considered.
19 Sec.102..Tionies received by the Commission for the 20 cooperative nuclea'r research programs may be retained and 21 used for salaries and expenses associated with those pro-22 grams, notwithstanding the provisions of section 3617 of the 23 Itevised Statutes (31 U.S.C. 484), and shall remain available 24 until expended.
6 1
SEC.103. Transfers of sums from salaries and expenses 2 may be made to other agencies of the Government for the 3 performance of the work for which the appropriation is made, 4 and in such cases the sums so transferred may be merged 5 with the appropriation to which transferred.
G SEC.104. Notwithstanding any other provision of this 7 Act, no authority to make payments hereunder shall be effee-8 tive except to such extent or in such amounts ss are provided 9 in advance in appropriation Acts.
10 SEC.105. The first sentence of section 234 a. of the 11 Atomic Energy Act of 1954, as amended, is amended by 12 striking all that follows " exceed" the first time it appears and 13 inserting in lieu thereof the following: "$100,000 for each 14 such violation.".
15 SEC.106. The Commission is authorized and directed to IG enter into a contract for an independent review of the Com-17 mission's management structure, processes, procedures, and 18 operations. The review shall include an assessment of the 19 effectiveness of all levels of agency management in carrying 20 out the Commission's statutory responsibilities, in developing 21 and implementing policies and programs, and in using the 22 personnel and funding available to it. The contract shall pro-23 vide for submission of a report of the findings and recommen-24 dations of the review to the Commission not later than one
7 1 year from the date of enactment of this Act, and the Commis-
- 2. sion shall immediately transmit such report to the Congress.
3 SEC.107. Section 2021, title 42, United States Code, is 4 amended by renumbering subparagraph (j) as new subpara-5 graph (j)(1), and adding a new subparagraph (j)(2):
6
"(2) The Commission, upon its own motion or upon re-7 quest of the governor, may temporarily suspend all or part of 8 its agreement with the State without notice or hearing if, in 9 the judgment of the Commission:
la
"(A) an emergency situation exists creating 1i danger to the health or safety of persons in the State l
12 or an area within the State, and 13
"(ll) the State has failed to take steps necessary
)
14 to c(,;dain or eliminate the cause of the danger within 15 a reasonable time after the situation arose:
16 Proeided, horceecr, That a temporary suspension under this 17 subparagraph shall authorize the Commission to exercise its 18 authority only to the extent necessary to contain or eliminate 10 the danger, and only for such time as the emergency situa-20 tion exists.".
21 SEC.108. (a) As soon as practicable, but not later than
- 22 one hundred and eighty days after enactment of this section, 23 the Commission shall by rule, after notice and opportunity for 24 hearing in accordance with section 553 of title 5 of the 25 United States Code, promulgate demographic requirements
8 1 for the siting of utilization facilities in connection with con-2 struction permit review under section 185 of the Atomic 3 Energy Act of 1954. Such requirements shall provide for 4 review of construction permit applications pursuant to section 5 185 of the Atomic Energy Act of 1954, and shall specify to G the maximum extent practicable the following:
7 (1) the extent and maximum population density of 8
the low population zone immediately surrounding the 9
site, including consideration of permissible radiation 10 exposure; 11 (2) acceptable means of assuring such maximum 12 population density is not exceeded during the useful life 13 of the facility; 14 (3) the minimum distante from the site to the 15 nearest boundary of any densely populated area; 16 (4) the minimum fission-product release into the 17 containment structure assumed for dose calculation; 18 and 19 (5) in the promulgation required hereunder, the 20 Commission shall specifically consider the possibility of 21 multiple unit siting and the feasibility of evacuation in 22 case of an extraordinary nuclear occurrence, or an 23 event or sequence of events which significantly 24 increase the likelihood thereof.
i 9
1 1
(b) Any person may bring a proceeding in the United 2 States District Court for the District of Columbia to require 3 the Commission to promulgate the rule required in subsection 4 (a) of this section if the Commission has no: promulgated 5 such rule within the time period provided by subsection (a) of G this section.
7 SEC.109. (a) Chapter 14 of the Atomic Energy Act of 8 1954 is amended by inserting after section 170 the following 9 new section:
10 "SEC.
170A. CRD11NAL PENALTIES.-Any person 11 who knowingly violates any safety standards promulgated by 12 regulation under this Act relating to the construction or oper-13 ation of a utilization or production facility licensed under sec-14 tion 103 or 104 b. of this Act shall upon conviction, be sub-15 ject to a fine of not more than $50,000 for each day of viola-16 tion, or to imprisonment not to exceed two years, or both. If 17 the conviction is for a violation committed after a first convic-18 tion of such person under this Act, punishment shall be a fine 19 of not more than $50,000 per day of violation, or imprison-20 ment for not more than two years, or by both.".
21 (b) The analysis of chapter 24 of the Atomic Energy 22 Act of 1954 is amended by adding at the end thereof:
"Sec.170A. Criminal penalties."
23 TITLE II 24 SEC. 201. As used in this title-S.562---2
10 1
(1) the term "the Act" shall mean the Atomic 2
Energy Act of 1954, as amended; 3
(2) the term " extraordinary nuclear occurrence" 4
shall have the meaning provided therefor by section 5
11 j. of the Act; and 6
(3) the term " utilization facility" shall mean a fa-7 cility described by section 11 cc. of the Act which is 8
licensed to operate under section 103 or 104 b.
9 thereof.
10 SEC. 202. (a) Section 103 of the Act is amended by 11 adding at the end thereof the following new subsection:
12 "e. As part of each application for an operating license 13 for a utilization facility submitted under this section, the ap-14 plicant shall provide the plan of the State of situs for re-15 sponding to accidents or unanticipated events at each utiliza-16 tion facility, including the subject facility, licensed to operate
)
17 within such State under this section or section 104 b. of the 18 Act, which accidents or unanticipated events, due to the ex-19 istence or the imminent possibility of off-site releases of ra-20 dioactivity, create the need for action to protect the public 21 health and safety. No such license shall be issued unless the 22 Commission is satisfied that such plan, as it applies to the 23 subject facility only, adequately protects the public health 24 and safety.".
11 1
(b) As soon as practicable, each State wherein a utiliza-2 tion facility has been licensed to operate as of the date of 3 enactment of this Act which has not obtained the Commis-4 sion's concurrence in its State radiological emergency re-5 sponse plan, shall submit to the Commission and the Director 6 of the Federal Emergency 31anagement Agency a plan for 7 responding to accidents or unanticipated events at each such 8 facility within the State, which accidents or unanticipated 9 events, due to the existence or the imminent possibility of off-10 site releases of radioactivity, create the need for action to 11 protect the public health and safety. The Commission, in con-12 sultation with the Director of the Federal Emergency Man-13 agement Agency, shall review each plan for compliance with 14 the guidelines employed by the Commission in affording or 15 withholding concurrence in State radiological emergency re-10 sponse plans which were in effect on July 16,1979 and shall 17 specifically consider the findings of the Director of the Feder-18 al Emergency Management Agency on such compliance. In 19 the event the Commission determines that any such plan, as 20 it applies to each specific facility, does not comply with such 21 guidelines and the_ State fails to correct such noncompliance 22 before June 1,1980, the Commission shall cause such deter-23 mination to be published in the newspaper of greatest circula-24 tion in such State, and shall order each such facility with 25 respect to which the plan does not comply to terminate oper-L
l s
12 1 ations until a plan is submitted which the Commission deter-2 mines to be in compliance witn such guidelines as it applies o 3 to the facility.
4 (c) As soon as practicable, but not later than six months 5 from the date of enactment of this section, the Commission 6 shall by rule promulgate minimum requirements for State 7 plans for responding to accidents or unanticipated events at.
8 each utilization facility licensed to operate within the State, 9 which accidents or unanticipated events, due to the existence 10 or the imminent possibility of off-site releases of radioactivity, 11 create the need for action to protect the public health and 12 safety. In the promulgation required hereunder, the Commis-13 sion shall specify a period for expeditious compliance with 14 such requirements. Prior to promulgating the ' rule required
- 15. by this subsection, the Commission shall consult with the Di-16 rector. of the Federal Emergency Management Agency.
17 Pending the promulgation required hereunder, the Commis-18 sion shall determine plan adequacy as required by section 19 103 c. of the Act on the basis of the guidelines employed by 20 the Commission in affording or withholding concurrence in 21 State radiological emergency response plans, which were in 22 effect on July 16,'1979, and any plan which had received the 23 Commission's concurrence prior to enactment of this Act 24 shall be deemed adequate for the purposes of that section.
13 1
(d) The minimum requirements to be promulgated under 2 subsection (c) shall assure protection of the public health and 3 safety to the maximum extent practicable, and shall at a 4 minimum provide for:
5 (1) designation of appropriate planning zones sur-b G
rounding each facility on the basis of such factors as 7
reactor size, probable release patterns from possible ac-8 cident sequences, and demographic and land use pat-9 terns; 10 (2) capability to quickly and safely implement pro-11 tective measures such as evacuation and sheltering; 12 (3) initial and periodic testing of plan feasibility in 13 actual drills of State and local organizations which are 14 assigned responsibilities to carry out portions of the 15 plan; 10 (4) vesting of responsibility for the development 17 and revision of the plan in a single agency; 18 (5) participation of facility licensees, local govern-19 ments, and appropriate State agencies in that develop-20 ment and revision; 21 (G) delineation of respective organizational roles ir.
22 implementation of the plan; and 23 (7) identification of procedures for expeditious and 24 reliable notification and communication.
1
- m.,
14 1
(e) Any person may bring a proceeding in the United 2 States District Court for the District of Columbia to require 3 the Commission to promulgate the rule required in subsection 4 (c) of this section if the Commission has not promulgated 5 such rule within the time period specified therein.
G (f) Within sixty days from the enactment of this section, 7 the Commission shall implement compensatory measures to 8 safeguard the public health and safety against the risks asso-9 ciated with the operation of any utilization facility for which 10 the Commission has issued an operating license and with re-11 spect to which existing State radiological emergency re-12 sponse plans do not conform to Commission guidelines em-13 ployed prior to the enactment of this section in affording or 14 withholding concurrence in such plans.
15 SEC. 203. Within six months of the date of enactment of 16 this section, the Commission shall by rule promulgate a pian 17 for agency response to an extraordinary nuclear occurrence, 18 and to an event or sequence of events which significantly 19 increases the likelihood thereof, at a utilization facility li-20 censed under section 103 or 104 b. of the Act, which at a 21 minimum provides for effective and expeditious procedures 22 for-23 (1) notification by the licensee of any event or se-24 quence of events at such a facility which may signifi-25 cantly increase the likelihood of such an occurrence;
15 1
(2) determination of the existence of such an 2
event, sequence of events, or occurrence; 3
(3) representation at the facility site vested with 4
the authority to act on behalf of the Commission; 5
- communication among Commission headquar-G ters, the Commission regional office, Commission rep-7 resentatives at the facility site, the Governor of the 8
State of situs and other appropriate State officials, and D
senior management officers and operator personnel of 1
10 the licensee; 11 (5) comprehensive and definitive monitoring of ra-12 diation levels within the boundaries of the facility site; 13 (G) function of the Chairman as spokesman for the 14 Commission in accordance with section 201(a)(1) of 15 the Energy Reorganization Act of
- 1974, as 16 amended; 17 (7) making recommendations on evacuation; and 18 (8) acquiring facility design and construction infor-10 mation, equipment, and technical expertise.
20 In the promulgation required hereunder, the' Commission 21 shall specifically determine which procedures shall be imple-22 mented by majority vote of the Commission, and which shall 23 he implemented through delegation of authority.
24 SEC. 204. (a) Section 170 of the Atomic Energy Act of 25 1954, as amended, is amended by changing the caption
16 1 thereof to " Indemnification, Financial Protection, Limitation 2 of Liability, and Emergency Response.", and by adding at 3 the end a new subsection q. as follows:
4 "q. Within 120 days of the date of enactment of this 5 subsection, the President shall prepare and publish a Nation-6 al Contingency Plan to provide for expeditious, efficient, and 4
7 coordinated action to protect the public health and safety in 8 case of an extraordinary nuclear occurrence, or an event or 9 sequence of events which significantly increases the likeli-10 hood thereof, at a utilization facility licensed under section 11 103 or 104 b. Such Plan shall include, but not be limited 12 to-13
"(1) designation of an interagency task force, in-14 cluding but not limited to the Federal Emergency 15 Management Agency, which shall be the lead agency, 10 the Commission, the Environmental Protection 17 Agency, the Department of IIcalth, Education, and 18 Welfare, the Department of Defense, and the Depart-19 ment of Energy, and consisting of personnel who are 20 trained, prepared, and available to lirovide necessary 21 services to carry out the Plan; 22
"(2) assignment of duties and responsibilities 23 among Federal departments and agencies: Provided, 24 however, That the Environmental Protection Agency m
't 17 4
I shall have the responsibility for radiation monitoring 2
outside the boundaries of the facility; F:
3
"(3) identification of an official of the lead agency 4
as task force coordinator at the facility site;..
5
"(4) establishment of a national center to provide i
G coordination and direction in Plan implementation; and 7,
"(5) identification, procurement, maintenance and d
j 8
storage of equipment and supplies.
9 The President shall incorporate in the Plan required hereun-10 der the provisions of the plan of the Nuclear Regulatory 11 Commission promulgated pursuant to section 203 of tho Nu-12 clear Regulatory Commission Authorization Act for Fiscal -
13 Year 1980. To the maximum extent possible, the Federal.
14 response to an extraordinary nuclear occurrence, or.to an.
15 event or sequence of events which significantly increases the.
16 likelihood thereof, at a utilization facility licensed 4under sec;
)
17 tion 103 or 104 b., shall conform to the Plan promulgated 18 hereunder. The President may periodically revise such 10 Plan.".
r 20 (b) The analysis of chapter 14 of the Atomic Energy 21 Act of 1954, as amended, is amended by deleting:
"Sec.170. Indemnification and limitation of liabilitf."
22 and inserting in lieu thereof:
"Sec.170. Indemnification, financial protection, limitation of liability, and emer-gency response.".
18 1
SEc. 205. (a) Section 103 of the Act is amended by 2 adding at the end thereof the following new subsection f.:
3 "f. Each license issued under this section for a utiliza-4 tion facility shall require as a condition thereof that in case of 5 any event or sequence of events at such facility which may G significantly increase the likelihood of an extraordinary nucle-7 ar occurrence, the licensee shall immediately so notify the 8 Commission. Violation of the condition prescribed by this 9 subsection may in the Commission's discretion constitute 10 grounds for license revocation. In accordance with section 11 187 of this Act, the Commission shall immediately amend 12 each license for a utilization facility issued under this section 13 or section 104 b. which is in effect on the date of enactment 14 of this section to insert the provisions required hereunder.".
15 (b) As expeditiously as practicable, the Commission 16 shall establish a mechanism for instantaneous and uninter-17 rupted verbal communication between each utilization facility 18 licensed to operate on the date of enactment of this Act, or 19 thereafter, and 20 (1) Commission headquarters, and.
21 (2) the appropriate Commission regional office.
22 (c) Within ninety days of the date of enactment of this 23 Act, the Commission shall prepare and transmit to the Con-24 gress a plan for remote and instantaneous monitoring of each 25 principal component system of a utilization facility which is
19 1 designed to prevent substantial health or safety hazards or to 2 nicasure radioactive releases to the atmosphere.
3 SEC. 206. (a) The Commission is authorized and direct-4 ed to undertake a cen.prehensive investigation and study of 5 the impediments to expeditious and reliable communication 6 among Commission headquarters, the Commission regional 7 office, Commission representatives at the facility site, senior 8 management officials and operator personnel of the licensee, 9 and the Governor of Pennsylvania and other State officials, 10 in the thirty day period immediately following the accident of 11 March 28,1979, at unit two of the Three Mile Island 12 Nuclear Station in Pennsylvania. Such investigation and 13 study shall include, but not be limited to, a determination of 14 the need for improved communications procedures and the 15 need for advanced communications technology.
16 (b) The Commission shall report to the Congress by 17 January 1,1980, on the findings of the investigation and 18 study required by the preceding subsection, including recom-19 mendations on administrative or legislative measures neces-20 sary to facilitate expeditious and reliable communications in 21 case of an extraordinary nuclear occurrence, or an evem, or 22 sequence of events which significantly increases the likeli-23 hood thereof, at a utilization facility. The Commission shall 24 implement as soon as practicable each such recommendation 25 not requiring legislative enactment, and shall incorporate the
i
.20 1 recommendation in the plan for agency respon.we promulgated 2 pursuant to section 203 of this Act.
3 SEC. 207. (a) The Commission is authorized and direct-4 ed to prepare a plan for improving the technical capability of 5 licensee personnel to safely operate utilization facilities. In 6 proposing such plan, the Commission shall consider the feasi-7 bility of requiring standard mandatory training programs by 8 nuclear facility operators, including classroom study, appren-9 ticeships at the facility, and emergency simulator training.
10 Such plan shall include specific criteria for more intensive 11 training and retraining of operator personnel licensed under 12 section 107 of the Act, and for the licensing of such person-l 13 nel, to assure-14 (1) conformity witn all conditions and require-15 ments of the operating license; 16 (2) early identification of events or' event se-17 quences which may significantly increase the likelihood 18 of an extraordinary nuclear occurrence; and 19 (3) effective response to any such event or 20 sequence.
21 Such plan shall include provision for Commission review and 22 approval of the qualifications of personnel conducting any re-23 quired training and retraining program, such plan shall in-24 clude requirements for the renewal of operator licenses in-
21 1 cluding, to the extent practicable, requirements that the oper-2 ator-3 (1) has been actively and extensively engaged in 4
the duties listed in such license, 5
(2) has discharged such duties safely to the satis-6 faction of the Commission, 7
(3) is capable of continuing such duties, and 8
(4) has participated in a requalification training D
program.
10 Such plan shall also include criteria for suspending or revok-11 ing operator licenses. The Commission shall also consider the 12 feasibility of requiring such licensed operator to pass a 13 requalification test every six months including-14 (1) written questions, and 15 (2) emergency simulator exams.
16 The Commission shall transmit to the Congress the plan re-17 quired by this subsection within six months of the date of 18 enactment of this Act, and shall implement as expeditiously 10 as practicable each element thereof not requiring legislative 20 enactment.
~
21 (b) The Commission is authorized and directed to under-22 take a study of the feasibility and value of licensing under 23 section 107 of the Act plant managers of uth. cation facilities 24 and senior licensee officers responsible for operation of such 25 facilities. The Commission shall report to the Congress.
22 1 within six months of the date of enactment of this Act on the 2 findings and recommendations of the study required by this 3 subsection, and shall expeditiously implement each such ree-I 4 ommendation not requiring legislative enactment.
5 SEC. 208. (a) In the conduct of the study required by 6 section 5(d) of the Nuclear Regulatory Commission Authori-7 zation Act for Fiscal Year 1979 (Public Law 95-601), the 8 Commission and the Environmental Protection Agency, in 9 consultation with the Secretary of IIcahh, Education, and 10 Welfare, shall evaluate the feasibility of epidemiological re-11 search on the health effects of low-level ionizing radiation 12 exposure to licensee, contractor, and subcontractor employ-13 ees as a result of-14 (1) the accident of March 28,1979, at unit two of 15 the Three Mile Island Nuclear Station in Pennsylvania; 16 (2) efforts to stabilize such facility or reduce or 17 prevent radioactive releases therefrom; or i
18 (3) efforts to decontaminate, decommission, or 4
10 repair such facility.
20 The report required by such section shall include the results 21 of the evaluation required hereunder.
22 (b) Section 5(d) of the Nuclear Regulatory Commission 23 Authorization Act for Fiscal Year 1979 (Public Law l
24 05-601), is amended by striking " September 30,1970 and 25 inserting in lieu thereof " March 1,1980.
23 1
SEC. 209. (a) Section 204(h) of the Uranium Mill Tail-2 ings Radiation Control Act of 1978 is amended by adding at 1
3 the end thereof a new paragraph to read as follows:
4
"(3) Notwithstanding any other provision of this 5
title, where a State assumes or has assumed, pursuant 6
to an agreement entered into under section 274 b. of 7
the Atomic Energy Act of 1954, authority over any 8
activity which results in the production of byproduct 9
material as defined in section 11 c. (2) of that Act, the
.10 Commission shall not, until the date three years after 11 the date of enactment of this Act, have licensing au-12 thority over such byproduct material produced in any 13 activity covered by such agreement, unless the agree-14 ment is terminated. If, upon expiration of the three-15 year interim, a State has not entered into such an 16 agreement with respect to byproduct material as de-17 fined in section 11 c. (2) of the Atomic Energy Act of 18 1954, the Commission shall have authority over such 19 byproduct material.".
20 (b) Section 204(h)(1) of the Uranium Mill Tailings Radi-21 ation Control Act of 1978 is amended to read:
22
"(h)(1) On or before the date three years after the date 23 of enactment of this Act, notwithstanding any provision of 24 this title, any State may exercise any authority under State 25 law (including atithority exercised pursuant to an agreement
24 1 ' entered into pursuant to section 274 of the Atomic Energy 2 Act of 1954, as amended) respecting (A) byproduct material, 3 as defined in scetion 11 c. (2) of the Atomic Energy Act of 4 1954, or (13) any activity which results in the production of 5 byproduct material as so defined, i'l the same manner and to G the same extent as permitted before the enactment of this 7 Act: Provided, howeeer, That nothing in this section shall be 8 construed to preclude the Commission or the Administrator 9 of the Environmental Protection Agency from taking such 10 action under section 275 of the Atomic Energy Act of 1954 11 as may be necessary to implement title I of this Act.".
12 (c) The last sentence of section 83 a. of the Atomic 13 Energy Act of 1954, as amended, is amended to read: "Any 14 license in effect on the effective date of this section and sub-15 sequently terminated without renewal shall comply with 16 paragraphs (1) and (2) upon termination."
17 (d) Section 204(e) of the Uranium Mill Tailings Radi-18 ation Control Act of 1978 is amended by adding at the end ID thereof a new paragrt.ph to read as follows:
20
"(2) This subsection shall be effective on the date 21 three years after the date of enactment of this Act.".
22 (e) Section 83(b)(1)(A) of the Atomic Energy Act of 23 1954, as amended, is amended by-i
25 1
(1) striking all that follows " transferred to 2
down through "Unless" and inserting in lieu thereof 3
the following-
[
4
"(i) the United States, or 5
"(ii) the State in which such land is located, 6
at the option of such State, unless", and 7
(2) striking "section 84 b." and inserting in lieu 8
thereof "section 81 of this Act".
9 SEC. 210. The Nuclear Regulatory Commission shall by 10 October 1,1979, promulgate regulations providing for timely
/
11 notification to State and insular areas prior to the transport 12 of nuclear waste, including spent nuclear fuel, to, through, or 13 across the boundaries of the State or insular area: Provided, 14 hmccrer, That such notification requirements 35all '.ot apply 15 to nuclear wastes in such quantities and of such types as the 16 Commission specifically determines do not pose a potentially 17 significant hazard to the health and safety of the public.
18 SEC. 211. No funds appropriated under this Act may be 10 used for the purpose of providing for the licensing or approval 20 of any disposal of nuclear wastes in the oceans.,
21 SEC. 212. (a) Chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following o')
23 new section:
26 1 "N 1365. Nuclear facilities 2
"(a) Whoever willfully or maliciously injures or destroys 3 any of the works, property, building, machinery, or material 4 of any nuclear utilization or production facility, operated or 5 controlled by the United States, or licensed by the United 6 States, whether constructed or willfully or maliciously inter-7 feres in any way with the working or use of any such facility, 8 or willfully or maliciously obstructs, hinders, or delays the 9 production, utilization, or transmission of energy from such 10 facility, shall be fined not more than $10,000, or imprisoned 11 not more than ten years, or both.
12
"(b) An alleged violation of this section shall be investi-13 gated by the Federal Bureau of Investigation. Whenever 14 Federal investigative or prosecutive jurisdiction is asserted 15 for a violation of this section, the exercise of jurisdiction by 16 any State or local law enforcement authority shall be sus-17 pended until Federal investigation or prosecution is 18 terminated.
19
"(c) For the purposes of this section, the terms. 'utiliza-20 tion facility' and ' production facility' have the same meaning 21 as in section 11 of the Atomic Energy Act of Ita4 (42 22 U.S.C. 2014).".
1 27 1
(b) The table of sections for chapter 65 of that title is 2 amended by adding at the end thereof the following new i
3 item:
"1365. Nuclear facilities."
l'assed the Senate July 17 (legislative day, June 21),
1979.
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)
Attest:
J. S. KIMMITT, Secretary.
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