ML20206N835

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Forwards Proposed Legislation Which Authorizes Appropriations for Fy 2000.Proposed Regulation Requests Authorization for Fy 2000 for Salaries & Expenses of Amount Listed & for Office of Inspector General
ML20206N835
Person / Time
Issue date: 05/04/1999
From: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
To: J. J. Barton, Gore A, Hastert J, Inhofe J
HOUSE OF REP., HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, ENVIRONMENT & PUBLIC WORKS, SENATE, PRESIDENT OF THE SENATE
References
NUDOCS 9905180084
Download: ML20206N835 (10)


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CHAIRMAN i

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)), the Nuclear Regulatory Commission (NRC) is submitting proposed legislation which authorizes appropriations for fiscal year 2000. The proposed legislation requests authorization for fiscal year 2000 for " Salaries and Expenses" of $465,400,000; and for the " Office of Inspector General" of $6,000,000.

Section 3 of the proposed legislation utilizes new program activity categories to reflect our Strategic Plan designations, but these categories do not represent any new activities or programs proposed by the agency. Section 5 would extend the requirement for NRC to collect approximately 100 percent of its budget from FY 1999 to FY 2004. Section 6 authorizes the NRC to collect fees for services provided to other Federal agencies, beginning in FY 2001.

l The Office of Management and Budget has advised that it has 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, ll/

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Shirley Ann Jackson l

Enclosure:

Proposed Legislation Authorizing h

Appropriations for FY 2000

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.The Honorable J. Dennis Hastert 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.1105(a)(25)), the Nuclear Regulatory Commission (NRC) is submitting proposed legislation which authorizes appropriations for fiscal year 2000. The proposed legislation requests authorization for fiscal year 2000 for " Salaries and Expenses' of $465,400,000; and for the " Office of Inspector General" of $6,000,000, l

Section 3 of the proposed legislation utilizes new program activity categories to reflect our Strategic Plan designations, but these categories do not represent any new activities or programs proposed by the agency. Section 5 would extend the requirement for NRC to collect

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approximately 100 percent of its budget from FY 1999 to FY 2004. Section 6 authorizes the NRC to collect fees for services provided to other Federal agencies, beginning in FY 2001.

The Office of Management and Budget has advised that it has 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, Shirley Ann Jackson

Enclosure:

Pioposed Legislation Authorizing Appropriations for FY 2000

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May 4, 1999 CHAIRMAN The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee 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 Section 108 of the Inspector General Act of 1988 (31 U.S.C.1105(a)(25)), the Nuclear Regulatory Commission (NRC) is submitting proposed legislation which authorizes appropriations for fiscal year 2000. The proposed legislation requests authorization for fiscal year 2000 for " Salaries and Expenses" of $465,400,000; and for the " Office of Inspector General" of $6,000,000.

Section 3 of the proposed legislation utilizes new program activity categories to reflect our Strategic Plan designations, but these categories do not represent any new activities or programs proposed by the agency. Section 5 would extend the requirement for NRC to collect approximately 100 percent of its budget from FY 1999 to FY 2004. Section 6 authorizes the NRC to collect fees for services provided to other Federal agencies, beginning in FY 2001.

The Office of Management and Budget has advised that it has 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, Shirley Ann Jackson

Enclosure:

Proposed Legislation Authorizing Appropriations for FY 2000 cc: Senator Bob Graham

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May 4,1999 CHA!RMAN j

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The Honorable Joe Barton, Chairman Subcommittee on Energy and Power Committee on 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.1105(a)(25)), the Nuclear Regulatory i

Commission (NRC) is submitting proposed legislation which authorizes appropriations for fiscal year 2000, The proposed legislation requests authorization for fiscal year 2000 for " Salaries and Expenses" of $465,400,000; and for the " Office of Inspector General" of $6,000,000.

Section 3 of the proposed legislation utilizes new program activity categories to reflect our Strategic Plan designations, but these categories do not represent any new activities or programs proposed by the agency. Section 5 would extend the requirement for NRC to collect approximately 100 percent of its budget from FY 1999 to FY 2004. Section 6 authorizes the NRC to collect fees for servicas provided to other Federal agencies, beginning in FY 2001.

The Office of Management and Budget has advised that it has 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, l

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Shirley Ann Jackson

Enclosure:

Proposed Legislation Authorizing Appropriations for FY 2000 cc: Representative Ralph Hall

4 U. S. NUCLEAR REGULATORY COMMISSION PROPOSED DILL FOR~AUTIIORIZATION OF APPROPRIATIONS FISCAL YEAR 2000 To authorize appropriations for the Nuclear Regulatory Commission for fiscal year 2000.

Be it enacted by the Senate and House of Renresentatives of the United States of America in.

. Conuress assembled.

Section 1. This Act may be cited 's the " Nuclear Regulatory Commission Authorization Act a

for Fiscal Year 2000."

Section 2. AUTilORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000, (a)

SALARIES AND EXPENSES.--There are authorized to be appropriated to the Nuclear l

Regulatory Commission in accordance with the provisions of section 261 of the Atomic l

Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the Energy Reorganization Act of l

1974 (42 U.S.C. 5875), $465,400,000 for 6 scal year 2000 to remain available until expended, of which $19,150,000 is authorized to be appropriated from the Nuclear Waste Fund.

(b)

OFFICE OF INSPECTOR GENERAL.--There are authorized to be appropriated to the l

Nuclear Regulatory Commission's Of6ce of Inspector General in accordance with the provisions of 31 U.S.C. I105(a)(25), $6,000,000 for fiscal year 2000 to remain available until expended.

Section 3. ALLOCATION OF AMOUNTS AUTHORIZED.

-(a)- IN GENERAL.--The amounts authorized to be appropriated under Section 2 (a) for fiscal year 2000 shall be allocated as follows:

E (1)

NUCLEAR REACTOR SAFETY.-4210.043,000 may be used for the " Nuclear.

Reactor Safety Program".

-(2)

NUCLEAR MATERIALS SAFETY.--$63,881,000 may be used for the " Nuclear Materials Safety Program".

(3)

NUCLEAR WASTE SAFETY.--$42,143,000 may be used for the " Nuclear Waste

' Safety' Program".'

l'of6 ENCLOSURE 1

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U. S. NRC Proposed Hill for Authorization of Annropriations. FY 2000 i

(4)

INTERNATIONAL NUCLEAR SAFETY SUPPORT PROGRAM. --$4,840,000 may be used for the " International Nuclear Safety Support Program" (5)

MANAGEMENT AND SUPPORT PROGRAM.--$144,493,000 may be used for the " Management and Support Program" (b)

LIMITATIONS.--The Nuclear Regulatory Commission may use not more than 1 percent of the amounts allocated under section 3(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 31 U.S.C. chapter 63, and other applicable law.

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(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 Section 3(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 section 3(a).

(2)

LIMITATION.--The amount available from appropriations for use in any program specified in any paragraph of section 3(a) may not, as a result of' reallocations made under l

paragraph (1), be increased or reduced by more than $1,000,000 in a quarter, unless the q

l 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 1

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.

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l (3)

USE OF CERTAIN FUNDS.--Funds authorized to be appropriated from the i

i 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.

Section 4. LIMITATION.

1 Notwithstanding any other provision of this Act, no authority to make payments under this l

Act shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts.

2 of 6 ENCLOSURE

I U. S. NRC Pronosed Bill for Autnorization of Annropriations. FY 2000 Section 5. NRC USER FEES AND ANNUAL CilARGES.

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, 1999" and inserting

" September 30,2004".

Section 6 COST RECOVERY FROM GOVERNMENT AGENCIES.

Section 161 w. of the Atomic Energy Act of 1954, as amended, is revised by--

1 (a) striking "or which operates any facility regulated or certined under section 1701 or i

1702,';

(b) striking "483a" and inserting "9701"; and (c) inserting the following before the period at the end thereof:

1 I

"; and commencing on October 1, 2000, prescribe and collect from any other Government agency, any fee, charge, or price which it may require, in accordance with the provisions of section 9701 of title 31 of the United States Code or any other law" 30f6 ENCLOSURE i

1 U. S. NUCLEAR REGULATORY COMMISSION I

ANALYSIS OF PROPOSED BILL FOR AUTilORIZATION OF APPROPRIATIONS FISCAL YEAR 2000 Section 2,(a)--The Nuclear Regulatory Commission (NRC) is responsible for assuring that the possession, use and disposal of radioactive materials, and the construction and operation of

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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, j

and 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.

i The Nuclear Waste Policy Act, as amended, provides for the establishment of a Nuclear Waste j

Fund to ensure that the costs of carrying out activities relating to the disposal of high-level I

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 Policy Act, as amended, to license a repository for the disposal of high-level radioactive waste and spent l

nuclear fuel and a monitored retrievabb storage 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 monitored retrievable storage 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 dispos:G (including identification, development, licensing, construction. operation, decommissioning, and post-decommissioning maintenance and monitoring of any repository or monitored retrievable storage facility constructed under the Act) and administrative costs of the high-level radioactive waste disposal program.

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

Section 2.(b)-- The Inspector General Act Amendments of 1988 amended the inspector General Act of 1978, established the Office of Inspector General within the Nuclear Regulatory Commission effective April 17, 1989, and required the establishment of a separate appropriation account to fund the Office ofInspector General.

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

4 of 6 ENCLOSURE i

U. S. NRC Analysis of Pronosed Bill for Authorization of Annronriations. FY 2000

Section. 3.(a)--The : requested authorization for appropriations under Section 2.(a) is

$465,400,000 for fiscal year 2000 and is allocated as follows:

Prourarn FY 2000 Nuclear Reactor Safety

$210,043,000 Nuclear Materials safety

$63,881,000 -

Nuclear Waste Safety

$42,143,000 t

International Nuclear Safety Support

$4,840,000 1

Management and Support S144,493,000 For Fiscal Year 2000, the request is broken into five program activity categories corresponding

.to the major strategic areas and programs identified in the NRC Strategic Plan. The use of these program activity categories instead of the seven categories used in the prior authorization submittal does not reflect any new programs proposed by the agency.

Section 3.(h)--This section provides a limitation on the amount of funds that may be utilized by the Commission for grants and cooperative agreements with organizations such as universities, State and loca! governments, and not-for-profit institutions, f

Section 3.(c)--This section provides the Commission with the authority to reallocate funds among the program activities specified in Section 3.(a).with certain specified constraints.

Funds authorized to be appropriated from the Nuclear Waste Fund will be used only for NRC's i high-level nuclear waste activities and will not be reallocated for other NRC activities.

Section 4.--This section provides language required by section 401(a) of the Congressional

' Budget and impoundment Control Act of 1974 (Public Law 93-344).

Section 5.-- Under the Omnibus Budget Reconciliation Act of 1990, as amended, the NRC is required to collect from its licensees annual charges that total approximately 100 percent of the agency's budget, less any amount appropriated to the Commission from the Nuclear Waste Fund and fees collected for services rendered pursuant to the independent Offices j

Appropriation Act of 1952 (31 U.S.C. 9701), for each year of FY 1991-1999. Absent new j

. legislation, beginning in FY 2000, the agency would again collect user fees that total approximately 33 percent ofits budgct, as provided for in the Omnibus Budget Reconciliation Act of 1985 (Public Law 99 272).

S of 6 ENCLOSURE i

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U. S. NRC Analysis of Pronosed Bill for Authorization of Acorooriations. FY 2000 Section 6.- Under the Independent Offices Appropriation Act of 1952 (31 U.S.C. 9701), the NRC is not authorized to charge fees to other Federal agencies (other than TVA) for services provided, such as licensing and inspection services. Beginning in FY 2001, this amendment

. will permit the NRC to assess and collect fees from other Federal agencies for these services rather than recovering the costs through annual fees assessed to all licensees. The reference to sections 1701 and 1702 of the Atomic Energy Act was deleted as obsolete because of the i

privatization of the United States Enrichment Corporation.

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f 6 of 6 ENCLOSURE j

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