ML20029B418

Forwards Proposed Legislations Which Authorize Appropriations for FY92 & FY93

ML20029B418
Person / Time
Issue date:	02/22/1991
From:	Carr K NRC COMMISSION (OCM)
To:	Foley T, Graham B, Kostmayer P, Quayle J, Sharp P HOUSE OF REP., HOUSE OF REP., ENERGY & COMMERCE, HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, SENATE, SENATE, ENVIRONMENT & PUBLIC WORKS
References
NUDOCS 9103070247
Download: ML20029B418 (12)

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The Honorable J. Danforth Quayle President of the United States Senate Washington, D.C. 20510 Ocar Mr. President '

d in accordance with the provisions of Section 261 of the Atomic Energy Act of

-1954 (42 U.S.C. 2017), Section 305 of the Energy Reorganization.Act of 1974 (42 U.S.C. 5875), and Section 108 of the inspector General Act of 1988 1(31 U.S.C. Il05(a)(25)),- we are submitting proposed legislation which authorizes appropriations for fiscal years 1992 and 1993.

The proposed

-legislation requests authorization for " Salaries and Expenses" of $508,810,000 for each of fiscal years 1992 and 1993, and for " Office of the Inspector General" of $3,690,000 for each of fiscal years 1992 and 1993.

g The Office of Management and Budget has advised that there is no objection to the submission of this proposal to Congress and that its enactment would be in accordance'with the program of the President.

Sincerely, Atw M.h Kenneth M.'Carr

Enclosure:

Proposed legislation Authorizing Appropriations for FY'1992 and fY 1993 e

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1 February 22, 1991 CH AIRMAN i

i The Honorable Thomas S.-foley Speaker of the United States House of Representatives Washington, D.C. 20515

Dear Mr. Speaker:

In accordance with the provisioris of Section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017), Section 305 of the Energy Reorganization Act of 1974 (42 U.S.C.-5875), and Section 108 of the InspecWr Ceneral Act of 1988 (31 U.S.C. Il05(a)(25)), we are submitting proposed legislation which authorizes ~ appropriations for fiscal years.1992 and 1993. The legislation requests authorization for " Salaries and Expenses" proposed of $508,810,000 for each of fiscal years 1992 and 1993, and for " Office of the Inspector General" of $3,690,000 for each of fiscal years 1992 and 1993.

The Office of Management and Budget has advised that there is no objection to the submission of.this proposal to Congress and that its enactment would be in accordance with the program of'the President.

Sincerely,

-ah, Kenneth M. Carr

Enclosure:

Proposed Legislation.

Authorizing Appropri tions for FY-1992 and 1993

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.a.,mrn The Honorable Peter H. Kostmayer, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Represcritatives Washington, D.C.

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Dear Mr. Chairman:

In accordance with the provisions of Section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017), Section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), and Section 108 of the inspector General Act of 1988 (31 U.S.C. 1105(a)(25)), we are submitting proposed legislation which authorizes appropriations for fiscal years 1992 and !"93.

The proposed 1cgd.slation requests authorization for " Salaries and Expenses" of 5508,810,000 for each of fiscal ye rs 1992 and 1993, and for " Office of the inspector General" of $3,690,000 for each of fiscal years 1992 and 1993.

The Office of Management and Budget has advised that there is no objection to the submission of this proposal to Congress and that its enactment would be in accordance with the program of the President.

Sincerely, et%.

Kenneth M. Carr

Enclosure:

Proposed Legislatio' Authorizing Appre

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Representative John J. Rhodes I

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C H Alit M A N The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, D.C. 20515

Dear Mr. Chairman:

In accordance with the provisions of Section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017), Section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), and Section 108 of the inspector General Act of 1988 (31 U.S.C. Il05(a)(25)), we are submitting proposed legislation which authorizes appropriations for fiscal years 1992 and 1993.

The proposed legislation requests authorization for " Salaries and Expenses of $508,810,000 for each of fiscal years 1992 and 1993, and for " Office of the inspector General" of $3,690,000 for each of fiscal years 1992 and 1993.

The Office of Management and Budget has advised that there is no objection to the submission of this proposal to Congress and that its enactment would be in accordance with the program of the President.

Sincerely, h,

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Kentie~th M. Carr

Enclosure:

Proposed Legislation Authorizing Appropriations for FY 1992 and 1993 cc:

Representative Carlos J. Moorhead

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February 22, 1991

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The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C. 20510-

Dear Mr. Chairman:

3 In accordance with the provisions of Section 261 of the Atomic Energy Act of 1954--(42 U.S.C. 2017), Section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), and Section 108 of the Inspector General Act of 1988 i-(31 U.S.C.-Il05(a)(25)), we are submitting proposed legislation which authorizes appropriations for fiscal years 1992 and 1993.

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' legislation requests authorization for ' Salaries and Expenses" of $508,810,000

-for-each of fiscal years 1992:and 1993, and for " Office of the Inspector-

-General" of $3,690,000 for each of fiscal years 1992 and 1993.

The Office of Management and. Budget has advised that there is no objection to-the submission of this proposal to Congress and that its enactment would be in accordance with the program of.the President.

Sincerely, wAN.bw Kenneth M. Carr-Enciosure:

Proposed Legisiation Authorizing Appropriations

~for FY 1992-and 1993-cc::,enator Alan K. Simpson t

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t U.S. NUCLEAR REGULATORY COMMISSION PROP 0$ED BILL FOR AUTHORIZATION OF /sPPROPRIATIONS FISCAL YEAR 1992 AND FISCAL YEAR 1993

To authorize. appropriations for.the Nuclear Regulatory Commission for fiscal years 1992 and 1993 and for other purposes.

Be it enacted by the Senate and House of ReDresentatives of the United StA111 of America in Conaress assembled. That this Act may be cited as the " Nuclear Regulatory Commission Authorization Act for fiscal years 1992 and 1993".

Section 1.

AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1992 AND 1993.

(a) SALARIES AND EXPENSES. --There are hereby 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),

$508,810,000 for each of the fiscal years 1992 and-1993 to remain available until expended, of which $19,962,000 shall be authorized from the Nuclear Waste fund each fiscal year.

(b) 0FFICE OF THE INSPECTOR GENERAL. --There are hereby authorized to be appropriated to the Nuclear Regulatory Commission's Office of the inspector General, in accordance with the provisions of Section 108 of the Inspector General Act Amendments of 1988 (31 U.S.C. Il0b(a)(25)), $3,690,000 for each of the fiscal years 1992 and 1993 to remain available until expended.

Section 2, ALLOCATION OF AMOUNTS AUTHORIZED.

(a) IN GENERAL. --The sums authorized to be appropriated under section 1.(a) for fiscal years 1992 and 1993 shall

)e allocated as follows:

(1) not more than $199,955,000 for each of fiscal years 1992 and 1993 may be used for " Reactor Safety and Safeguards Regulation *;

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(2) not more than $120,266,000 for each of fiscal years 1992 and 1993 may be used for " Nuclear Safety Research";

(3) not more than $49,798,000 for each of fiscal years 1992 and 1993 may be used for ' Nuclear Material and low-level Waste Safety and L

Safeguards Regulation *;

i (4) not more than $19,962,000 for each of fiscal years 1992 and 1993-from the Nuclear Waste Fund may be used for "High-level Nuclear Waste-Regulation";.

(5) not more than-539,293,000- for each of fiscal years 1992 and 1993 may be used for "Special and Independent Reviews, Investigations.and Enforcement";-and 1993 may be u(6) not more than $79,536,000 sed for " Nuclear Safety Managemen for each of fiscal years 1992 and (b) LIMITATIONS. --The Nuclear Regulatory Commission may not use more

than'l per centum of the amounts allocated under section 2.(a) to exercise -its l

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authority undtr Section 314. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) to enter into grants and cooperati w agreements with organizations such as universities, State and local governments, and not-for-profit institutions.

Grants made by the Commission shall be m6de in accordance with chapter 63 of title 31 United State: Code and other applicable law.

(c) REALLOCATION. -- Except as specified below, any amounts allocated for a fiscal year to the Nuclear Regulatory Commission pursuant to any paragraph of Section 2.(a) for purposes of the program referred t; in such paragraph may be reallocated by the Comission for use in a program referred to in any other paragraph of such section or for use in any other activity within a program, except that the amount available from appropriations for such fiscal year for use in any program or specified activity may not. as a result of reallocations made under this section, be increased or reduced by more than $500,000 unless the Comittee on Energy and Commerce and the i

Committee on Interior and Insular Affairs of the House of Representatives and the Comittee on Environment and Public Works of the Senate are notified in advance by the Comission. Such notification will contain a full and complete statement of the reallocation to be made ar.d the facts and circumstances relied upon in support of such reallocation.

Funds authorized to be appropriated from the Nuclear Waste Fund may be used only for the Comission's high-level ~ nuclear-waste activities and may not be reprogrammed for other Commission activities.

Section 3. RETENTION OF FUNDS.

- Money received by the Nuclear Regulatory Comission for the cooperative nuclear safety research program, services rendered to 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, subject to appropriations, for salaries and expenses associated with those activities, notwithstanding the provisions of Section 3302 of Title 31, United States Code, and shall remain available until expended.

Section 4.

TRANSFER OF CERTAIN FUNDS.

l From amounts ap)ropriated to the Nuclear Regulatory Commission pursuant L

to Section l'.(a) of tais Act, except for appropriations'from the Nuclear Waste ll Fund, the Comission may transfer sums to its Office of the Inspector General; provided that the total transfer during any fiscal year may not exceed L

5 percent of the amount authorized under Section 1.(b) of this Act for that L

fiscal year.-

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SECTION 5. LIMITATION.

Notwithstanding any other provisions 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.

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U.S. NUCLEAR REGULATORY COMMISSION ANALYSIS OF PROPOSED FY 1992 AND FY 1993 AUTHORIZATION Of APPROPRIATIONS LANGUAGE

4 Section 1.(a) --The Nuclear Regulatory Commission is responsible for ensuring

-that the possession, use and disposal of radioactive materials and the construction and operation of reactors and other nuclear facilities are conducted in a manner consistent with public health and safety and the common defense and security, with proper regard for environmentai quality, and in conformance with antitrust statutes.

The Comission's program is comprised of nuclear facilities and material licensing, inspection and enforcement and related regulatory functions, nuclear safety research, rulemaking, and technical and administrative support activities.

The -Nuclear Waste Policy Act, as amended, provides for the establishment of a Nuclear Waste fund to ensure that the costs of carrying out activities

- relating to the disposal of high-level radioactive waste and spent nuclear fuel will be borne by the generators of such waste and spent fuel and provider that the amounts paid by generators and owners of these materials into the fund is reviewed annually to determine if any adjustment is needed to ensure full cost recovery.

The Nuclear Regulatory Commission is required by the

-Nuclear Waste Policy Act. as amended, to license a repository for the disposal of high-level radioactive waste and spent nuclear fuel and a monitored retrievable storage (MRS) facility.

The Commission is assigned specific

- review responsibilities in the steps leading to submission of the license applications. :Thus, the Act establishes NRC's responsibility throughout the repository and MRS siting processes, culminating in the requirement for NRC licensing as a prerequisite to construction and operation of the facilities.

The Nuclear Waste Policy Act, as amended, also specifies-that expenditures from the Nucicar Waste-Fund shall only be used for activities relating to spent fuel and high-level radinactive waste disposal, including identification, development licensing, construction, operation, decommissioning, and post-decommissioning maintenance and monitoring of any repository or'MRS facility constructed under the Act, and administrative cost of the radioactive waste disposal program.

The budget request for the Commission is stated in terms of obligational authority requested to carry out the responsibilities of the Commission.

Section 1.(b)-- The-Inspector General Act Amendments of 1988 amended the inspector General Act of 1978 - established the Office of the Inspector General within the Nuclear Regulatory Commission effective on April 17. 1989,

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and required the establishment of-a separate appropriation account to fund the 0ffice of the Inspector General l

L The budget request for the Office.of the Inspector General is stated in terms of obligational authority requested to carry out the responsibilities of the Office-of the Inspector General.

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Section 2 (a) --The requested authorization for appropristions ander Section 1.(a) for each Of fiscal years 1992 and 1993 is $508,810,000 and is a'. located as follows:

tsmom Reactor Safety and Safeguards Regulation

$199,955,000 Nuclear Safety Research

$120,266,000 Nuclear Material and Low-level Waste Safety and Safeguards Regulation

$49,798,000 High-level Nuclear Waste Regulation

$19,962,000 Special and Independent Reviews.

Investigations and Enforcemen

$39,293,000 p

Nuclear Safety Management and Support

$79,$36,000 I

Section 2.(b) --This section provides authorization for moneys received by the Commission to be-utilized for grants 6nd cooperative agreements with organizations-such as universities State and 1ocal governments, and not-for-profit institutions.

Section 2.(c) --This section provides the Commi181on with the authority to reprogram funds among the program activities spedfied in Section 2.(a) with certain specified constraints.

Funds authorited to be appropriated from the l

Nuclear Waste Fund will be used only for NRC's high-level nuclear waste activities and will not be reprogrammed for term NRC activities.

Section 3. -- This section provides authoritation for moneys received by the Commission for the cooperative nuclear. safety % search program, for services endered to foreign governments and internetiMal organizations, for costs of-L certain licensee security investigations (Ircl W ing fingerprint examinations and criminal history checks) to be used as sauries and expenses, subject to appropriations, and for such moneys to remainiwallable until expended, notwithstanding the provisions of Section 3302 of Title 31 of the United States Code.

Vnder the cooperative nuclear safety.research program, funds are received from

-domestic entities, foreign governments, and international organizations for their participation in NRC's reactor-safety research experiments.

Under i

section 3, the NRC would be authorized to receive directly compensation from foreign governments ~ and international organizations for providing safety-assistance and other services related to promotin,g the public health and safety.- Funds are also received in the form of feet. from licensees for the cost of security investigations and related processing associated with access to formula quantities of special nuclear material.. These funds will.be used t

- to pay the related NRC processing costs and the agrincy performing the security investigations.

The funds are received in the form of fees from licensees for the cost of fingerprint examinations and criminal history checks of each 2

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individual granted access to safeguards information or unescorted access to a nuclear power plant.

NRC will also use the money currently collected under 10 CFR P6rt 25 to pay the NRC processing costs and the Office of Personnel Management for conducting background investigations used as a basis for NRC security clearances for designated licensee representatives and other personnel requiring access to classified information.

Section 4. --This section provides for limited transfer authority from NRC's Salaries and Expenses appropriation, except for apprnpriations from the Nuclear Waste Fund, to its Office of the Inspector General appropriation.

This will permit the NRC to augment the Inspector General apprrpriation on a limited basis, if it becomes necessary, without seeking additional appropriations for that fiscal year.

Section 5. --This section provides language required by the Congressional Budget and Impoundment Control Act of 1974 (P.L.93-344), Section 401(a).

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