ML20044F244

From kanterella
Jump to navigation Jump to search
Informs That OMB Offers No Objection to Submission of Listed Proposed Legislation to Congress Authorizing Appropriations for FY94 & FY95
ML20044F244
Person / Time
Issue date: 05/03/1993
From: Selin I, The Chairman
NRC COMMISSION (OCM)
To: Foley T, Gore A, Lehman R, Lieberman J, Sharp P
HOUSE OF REP., ENERGY & COMMERCE, HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, SENATE, ENVIRONMENT & PUBLIC WORKS, SENATE, PRESIDENT OF THE SENATE
References
NUDOCS 9305270243
Download: ML20044F244 (13)


Text

.

?CS jo* o'c or f

[

, ~,

UNITED STATES j

NUCLEAR REGULATORY COMMISSION f,

m

?

.C WASHINGTON D. C. 20555 r.,

\\\\

/

May 3. 1993 CHAIRMAN The Honorable Albert Gore, Jr.

President of the United States Senate Washington, D.C.

20510

Dear Mr. President:

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 authorizing appropriations for fiscal years 1994 and 1995.

The proposed legislation requests authorization for " Salaries and Expenses" of 5542,900,000 for fiscal year 1994 and $546,800,000 for fiscal year 1995 for the Nuclear Regulatory Comission; and $4,800,000 for fiscal year 1994 and $5,000,000 for fiscal year 1995 for the " Office of the Inspector General".

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.

Sincere 1y,

./[e Ivan Selin

Enclosure:

l Proposed t.egislation Authorizing Appropriations for FY 1994 and FY 1995 E

J 9305270243 930503 PDR COMMS NRCC CORRESPONDENCE PDR i

hgg i

y[ps nav,h e

UNITED STATES

{'3c, j

NUCLEAR REGULATORY COMMISSION

-J' C

W ASHINGTON, D. C. 20555

~

t,

'%, }',,,/

May 3, 1993 CH AIRM AN The Honorable Thomas S. Foley Speaker of the United States House of Representatives Washington, D.C.

20515

Dear Mr. Speaker:

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 authorizing appropriations for fiscal years 1994 and 1995. The proposed legislation requests authorization for " Salaries and Expenses" of $542,900,000 for fiscal year 1994 and 5546,800,000 for fiscal year 1995 for the Nuclear Regulatory Comission; and 54,800,000 for fiscal year 1994 and 55,000,000 for fiscal year 1995 for the " Office of the Inspector General".

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.

l Sincerely, W~

Ivan Selin

Enclosure:

Proposed Legislation Authorizing Appropriations for FY 1994 and FY 1995 t

p annov

,5, UNITED STATES y.

NUCLEAR REGULATORY COMMISSION y

'ei g

5-

. C W ASHINGTON, D. C. 20555 May 3. 1993 CHAIRMAN

.i The Honorable Richard H. Lehman, Chairman Subcommittee on Energy and Mineral Resources Committee on Natural Resources 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 i

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 authorizing appropriations for fiscal years 1994 and 1995. The proposed legislation requests authorizatian for " Salaries and Expenses" of 5542,900,000 for fiscal year 1994 and $446,800,000 for fiscal year 1995 for the Nuclear Regulatory Comission; and $4,800,000 for fiscal year 1994 and $5,000,000 for fiscal year 1995 for the " Office of the Inspector General".

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 accorde. ace with the program of the President.

Sincerely, WE' Ivan Selin

Enclosure:

Proposed Legislation Authorizing Appropriations for FY 1994 and FY 1995 cc:

Rep. Barbara Vucanovich 1

I i

pH #f G f

0, UNITED SVATES NUCLEAR REGULATORY COMMISSION f

v, g

W ASHINGTON, D C. 20555 p

2-

%.....I

~

May 3, 1993 s

CHAIRMAN The Honorable Philip Sharp, Chairman Subcomittee on Energy and Power Comittee on Energy and Comerce 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. 2011), Section 305 of the Energy Reorganization Act of 1974

(%. 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 authorizing appropriations for fiscal years 1994 and 1995. The proposed legislation requests authorization for " Salaries and Expenses" of $542,900,000 for fiscal year 1994 and $546,800,000 for fiscal year 1995 for the Nuclear Regulatory Comission; and 54,800,000 for fiscal year 1994 and $5,000,000 for fiscal year.

1995 for the " Office of the Inspector General".

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 progrcm of the President.

Sincerely, Ivan Selin Enclosure-l Proposed Legislation Authorizing Appropriations for FY 1994 and FY 1995 cc:

Rep. Michael Bilirakis e

pa Q* o

[

UNITED STATES y '~

v.'

i NUCLEAR REGULATORY COMMISSION WASHINGTON. D. C. 20555 3-E

-l 8

o a'

~%,,.,,, -

May 3. 1993 CHAIRMAN The Honorable Joseph Lieberman, Chairman Subcomittee on Clean Air and Huclear Regulation Comittee on Environment and Public Works United States Senate Washington, D.C.

20510

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 S&, tion 108 of the Inspector General Act of 1988 (31 U.S.C.1105(a)(25)), we are submitting proposed legislation authorizing appropriations for fiscal years 1994 and 1995.

The proposed legislation requests authorization for " Salaries and Expenses" of $542,900,000 for fiscal year 1994 and $546,800,000 for fiscal year 1995 for the Nuclear Regulatory Comission; and $4,800,000 for fiscal year 1994 and $5,000,000 for fiscal year 1995 for the " Office of the Inspector General".

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, Wr Y Ivan Selin

Enclosure:

Proposed Legislation Authorizing Appropriations for FY 1994 and FY 1995 cc:

Senator Alan K. Simpson

i t

i

)

U.S. NUCLEAR REGULATORY COMISSION i

PROPOSED BILL FOR AUTHORIZATION OF APPROPRIATIONS i

t

-i FISCAL YEAR 1994 AND FISCAL-YEAR 1995 i

4

=i I

-i l

)

t i

e a

t

.I F

E a

To authorize appropriations for the Nuclear Regulatory Comission for fiscal years 1994 and 1995 and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Conaress assembled. That this Act may be cited as the " Nuclear Regulatory Comission Authorization Act for fiscal years 1994 and 1995".

Section 1.

AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1994 AND 1995.

(a) SALARIES AND EXPENSES. --There are hereby authorized to be i

appropriated to the Nuclear Regulatory Comission 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),

$542,900,000 for fiscal year 1994 to remain available until expended, of which

$22,000,000 shall be authorized from the Nuclear Waste Fund; and, $546,800,000 for fiscal year 1993 to remain available until expended, of which $22,000,000 shall be authorized from the Nuclear Waste Fund.

(b) 0FFICE OF THE INSPECTOR GENERAL. -- There are hereby authorized to be appropriated to the Nuclear Regulatory Comission'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. 1105(a)(25)) $4,800,000 for fiscal year 1994 to remain available until expended, and $5,000,000 for fiscal year 1995 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 1994 and 1995 shall be allocated as follows:

(1) not more than $163,807,000 for fiscal year 1994 and not more than $168,005,000 for fiscal year 1995 may be used for " Reactor Safety and Safeguards Regulation"*

(2) not more than $99,969,000 for fiscal year 1994 and not more than $98,339,000 for fiscal year 1995 may be used for " Reactor Safety Research";

(3) not more than $31,000,000 for fiscal year 1994 and not more than $31,369,000 for fiscal year 1995 may be used for " Reactor Special and l

Independent Reviews, Investigations and Enforcement"; and (4) not more than $61,880.000 for fiscal year 1994 and not more than $63,025,000 for fiscal year 1995 may be used for " Nuclear Material and low-level Waste Safety and Safeguards Regulation";

(5) not more than $22,000,000 for fiscal year 1994 and not more than $22,000,000 for fiscal year 1995 (from the Nuclear Waste Fund) may be used for "High-level-Nuclear Waste Regulation";

i 1

+

1 I

i (6) not more than $164,244,000 for fiscal year 1994 and not more j

than $164,062,000 for fiscal year 1995 may be used for " Nuclear Safety i

Management and Support".

j (b) LIMITATIONS. -- The Nuclear Regulatory Commission may use not more than 1 per centum of the amounts allocated under section 2.(a) to exercise its i

authority under Section 31a. of the Atomic Energy Act of 1954 i

(42 U.S.C. 2051(a)) to enter into grants and cooperative agreements with i

organizations such as universities, State and local governments, and not-for-

+

profit institutions. Grants made by the Commission shall be made in l

accordance with chapter 63 of title 31 United States Code and other applicr/ ole j

law.

j i

(c) REALLOCATION. -- Except as specified below, any amounts allocated l

for a fiscal year to the Nuclear Regulatory Commission pursuant to any paragraph of Section 2.(a) for purposes of the program referred to in such paragraph, may be reallocated by the Commission for usc 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 Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives and the l

Committee on Environment and Public Works of the Senate are notified in advance by the Commission.

Such notification will contain a full and complete statement of the reallocation to be made and 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 Commission's i

high-level nuclear waste activities and may not be reprogrammed for other Commission activities.

l Section 3. RETENTION OF FUNDS.

Money received by the Nuclear Regulatory Commission for the cooperative e

nuclear safety research program, services rendered to foreign governments and l

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, l

subject to appropriations, for salaries and expenses associated with those l

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.

From amcants appropriated to the Nuclear Regulatory Commission pursuant to Section 1.(a) of this Act, except for appropriations from the Nuclear Waste Fund, the Commission may transfer sums to its Office of the Inspector General, provided that the total transfer during any fiscal year may not exceed 5 percent of the amount authorized under Section 1.(b) of this Act for that fiscal year.

2

l f

Section 5. LIMITATION.

Notwithstanding any other previsions 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.

t h

'I i

h r

b I

N 3

l l

}

I

.,e

.j i

i

.i U.S. NUCLEAR REGULATORY COMMISSION j

I ANALYSIS OF PROPOSED FY 1994 AND FY 1995 AUTHORIZATION OF APPROPRIATIONS LANGUAGE i

P i

4 1

h f

.f e

I i

i J

f f

6

9

]

Analysis of Proposed FY 1994 and FY 1995 Authorization of Appropriations Lanauage 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 environmental quality,.md in conformance with antitrust statutes. The Commission'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 provides 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 Policj Act, as amended, to license a repository for the disposal of high-level radioactive waste and spent nuclear fuel and a monitored retrievable storage (HRS) 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 Nuclear Waste Fund shall only be used for activities relating to spent fuel and high-level radioactive 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 for the administrative costs 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, i

and required the establishment of a separate appropriation account to fund the Office of the Inspector General.

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.

1

Analysis of Proposed FY 1994 and FY 1995 Authorization of Appropriations Lanauaae Section 2.(a) -- The requested authorization for appropriations under Section 1.(a) is $542,900,000 for fiscal year 1994, and $546,800,000 for fiscal year 1995, and is allocated as follows:

Amount Amount FY 1994 FY 1995 Reactor Safety and Safeguards Regulation

$163,807,000

$168,005,000 Reactor Safety Research

$99,969,000

$98,339,000 Reactor Special and Independent Reviews, Investigations and Enforcement

$31,000,000

$31,369,000 Nuclear Material and Low-Level Waste Safety and Safeguards Regulation

$61,880,000

$63,025,000 Migh-level Nuclear Waste Regulation

$22,000,000

$22,000,000 (from Nuclear Waste Fund)

Nuclear Safety Management and Support

$164,244,000

$164,062,000 Section 2.(b) -- This section provides a limitation on the amount of moneys that may be utilized by the Commission for grants and cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions.

P Section 2.(c) -- This section provides the Commission the authority to reprogram funds among the program activities specified in Section 2.(a) with certain specified constraints. Funds authorized to be appropriated from the Nuclear Waste Fund will be used only for NRC's high-level nuclear waste activities and will not be reprogrammed for other NRC activities.

Section 3. -- This section provides authorization for moneys received by the Commission for the cooperative nuclear safety research program, for services rendered to foreign governments and international organizations, and for costs i

of certain licensee security investigations (including fingerprint examinations and criminal history checks) to be retained and used for salaries and expenses associated with those activities, subject to appropriations, and for such moneys to remain available until expended, notwithstanding the provisions of Section 3302 of Title 31 of the United States Code.

Under the cooperative nuclear safety research program, funds are received from 1

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

Under section 3, the NRC would be authorized to receive directly compensation from foreign governments and international organizations for providing safety l

assistance and other sravices related to promoting the public health and safety.

Funds are als) received in the form of fees from licensees for the

+

2 t

t

r t

Analysis of Proposed FY 1994 and FY 1995 Authorization of Acoropriations Lanouaoe cost of security investigations and related processing associated with access to formula quantities of special nuclear material and for the cost of fingerprint examinations and criminal history checks of each individual granted access to safeguards information or ynescorted access to a nuclear-power plant. These funds will be used to pay the related NRC processing costs and the agency performing the security investigations. NRC will also use the money currently collected under 10 CFR Part 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 appropriations from the Nuclear Waste Fund, to its Office of the Inspector General appropriation.

This will permit the NRC to augment the Inspectt e General appropriation 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).

i i

3 i