ML20246F705
| ML20246F705 | |
| Person / Time | |
|---|---|
| Issue date: | 02/23/1989 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Udall M HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| References | |
| NUDOCS 8903170173 | |
| Download: ML20246F705 (17) | |
Text
{{#Wiki_filter:- .j l[* UNI'TED STATES 18 NUCi. EAR REGULATORY COMMISSION - l g { j WASHINGTON, D. C. 20555 o \\ ***,+ / February 23, 1989 l CHAIRMAN l lhe Honorable Horris Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs i United Statec House of Representatives l Washington, D.C. PC515
Dear Mr. Chairman:
I In accordance with the provisions of Section 261 of the Atomic Energy Act of I f. 1954, as amended (42 U.S.C. 2017); Section 305 of the Energy Reorganization Act of 1974, as amended (42 U.S.C. 5875); and Section 108 of the Inspector j Generai Act Amendments of 1988 (5 U.S.C. App.), we are submitting proposed l legislation which would authorize appropriations for fit; cal year 1990 and i l fiscal year 1991. The proposed legislation requests authorization for l " Salaries and Expenses" of $472,100,000 for fiscal year 1990 and $485,840,000 l for fiscal year 1991, and authorization for " Office of the Inspector General" of $2,900,000 for fiscal year 1990 and $2,950,000 for fiscal year 1991. j Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), the Nuclear Regulatory Corr.nission (NRC) collec.ted user fees that totalled approximately 33 percent of the agency's bud 0et. The' Omnibus Budget-Reconciliation Act of 1987 (Public Law 100-203) amended Public Law 99-272 to require NRC to collect user fees that totalled at least 45 percent of the agency'S budget in FY 1988 and FY 1989.. Absent legislation, beginning in FY . I 1990, the agency would again collect user fees that total approximately 33 percent of its budget. Section f of this bill would require the NRC for fiscal years 1990. and 1991 to assess user fees approximating'100 percent of the NRC budget. This provision is needed to carry out the President's FY 1990 ) Budget Plan as was highlighted in the President's Building a Better America document, which was transmitted to Congress on February 9th..The enactment of this provision would be in accord with the program of the President. The appropriation authorization provis(ons of this proposal are included in the residual freeze cate9ery of tne President's budget plan. Final decisions concerning programs in this category are still to be determined.through negotiations between the Administration and Congress. Accordingly, these provisions, which as draf ted reflect President Reagan's FY 1990 Budget, may need to be revised'to-reflect the results of such negotiations. O MO317oh 502 \\ \\ PDR Co conneseonag g,23 ~e ,C
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) l \\ 2-The Office of Manager.ient and Budget advises that there is no objection to the a submission of this proposal to Congress..The enactinent of'this proposal, fj subject to the qualifications stated above, would be in accord with,the. l , program of.the President. . Sincerely, dMiti N, ~.. l Lcndo W. Zec, Jr. - 0
Enclosure:
Proposed Legislation Authorizing j Appropriations for FY 1990 and 1991 j cc: The Honorable James V. Hansen 4 1 -i
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w. '/[ eo UNITED STATES NUCLEAR REGULATORY COMMISSION j j WASHINGTON, D. C. 20555 e a t / February 23, 1989 y CHAIRMAN The Honorable John Breaux, Chairman Subcommittee on Nuclear Regulation Connittee 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, as amended (42 U.S.C. 2017); Section 305 of the Energy Reorganization l Act of 1974, as amended (42 U.S.C. 5875); and Section 108 of the Inspector l General Act Amendments of 1988 (5 U.S.C. App.), we are submitting proposed legislation which would authorize appropriations for fiscal year 1990 and fiscal year 1991. The proposed legislation requests authorization for " Salaries and Expenses" of $472,100,000 for fiscal year 1990 and $485,840,000 for fiscal year 1991, and authorization for " Office of the Inspector General" of $2,900,000 for fiscal year 1990 and $2,950,000 for fiscal year 1991. Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), the huclear Regulatory Commission (NRC) collected user fees that j totalled approximately 33 percent of the agency's budget. The Omnibus Budget i Reconcili6 tion Act of 1987 (Public Law 100-203) amended Public Law 99-272 to l require NRC to collect user fees that totalled at least 45 percent of the agency's budget in FY 1988 and FY 1989. Absent legislation, beginning in FY 9 1990, the agency would again collect user fees that total approximately 33 percent of its budget. Section 6 of this bill would require the NRC for j fiscal years 1990 and 1991 to assess user fees approximating 100 percent of 4 the NRC budget. This >rovision is needed to carry out the President's FY 1990 Budget Plan as was hig1 lighted in the President's Building a Better America cocunent, which was transmitted to Congress on February 9th. The enactment of this provision would be in accord with the program of the President. l 1 The appropriation authorization provisions of this proposal ure included in a the residual freeze category of the President's budget plan. Final decisions concerning programs in this category are still to be determined through negotiations between the Administration and Congress. Accordingly, these { provisions, which as drafted reflect President Reagan's FY 1990 Budget, may need to be revised to reflect the results of such negotiations. i 1
..,.g.. e' l i i 3 2 The Office of Manegement and Budget advises that there is no objection 'to the., submission of this proposal to Congress. The enactment'of this proposal, l subject to the qualifications stated above, would be'in accord with the- ] program of the President. { Sincerely, q k e, f Lando_W..'Zech, r.
Enclosure:
L Proposed Legislation Authorizing 1 Appropriations for FY 1990 and 1991 j cc: The Honorable Alan Simpson i l l I l i l 1 l l l 4 l l \\ l j
$r. aso ' [* ug*o UNITED STATES p y' n NUCLEAR REGULATORY COMMISSION { g., WASHINGTON, D. C. 20555 / February 23, 1989 l CHAIRMAN The Hcnorable James C. Wright, Jr. 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, as amended (42 U.S.C. 2017); Section 305 of.the Energy Reorganizatfor-Act of 1974, as amended (42 U.S.C. 5875); and Section 108 of the Inspector General Act Amendments of 1988 (5 U.S.C. App.)y we are submitting proposed legislation which would authorize appropriations for fiscal year 1990 ano fiscal year 1991. The proposed legislation requests authorization for. " Salaries and Expenses" of 5472,100,000 for fiscal year 1990 and $485,840,000 for fiscal year 1991, and authorization for " Office of the Inspector General" of $2,900,000 for fiscal year 1990 and $2,950,000,for fiscal year 1991. Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), the Nuclear Regulatory Commission (NRC)' collected user fees that totalled approximately 33 percent of the agency's budget. The Omnibus Eudget Reconciliation Act of 1987 (Public Law 100-203) amended Public Law 99-272 to require NRC to collect user fees that totalled at least 45 percent of the agency's budget in FY 1988 ano FY 1989. Absent legislation, beginning in FY 1990, the agency would again collect. user fees thatl total approximately 33 percent of its budge L Section 6 of this bill would require the NRC for fiscal years 1990 and 1991 to cssess user fees approximating 100 percent of the NRC budget. This provision is aeeded to carry out the President's FY 1990 Budget Plan as was highlighted in the President's Building a Better America document, which was transmitted to Congress on February 9th. The enactment of this provision would be in accord with the program of the President. The appropriation authorization provisions of this proposal are included in the residual freeze category of the President's bud'get plan. Final decisions concerning programs ir, this category are still to be determined through negotiations between the Administration and Congress. Accordingly, these provisions, which as drafted reflect President Reagan's FY 1990. Budget, may need to be revised to reflect the reruits of such negotiations. The Office of Hanagement and Budget advises that there is no objection to the submission of this proposal to Congress. The enactment of this proposa4, subject to the qualifications stated above, would be in accord with the program of the President. Sincerely, &(M. Lando H. Zec r.
Enclosure:
Proposeu Legislation Authorizing Appropriatiour for FY 1990 and 1991
v g -0 [;pnesc o o UNITED STATES !"Il(["g NUCLEAR REGULATORY COMMISSION n ,1 { WASHINGTON, D. C. 20555 [#,e t February 23, 1989 CHAIRMAN The Honorable J. Danforth Quayle President of tne 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, as aniendeo (42 U.S.C. 2017); Section 3CC M the Energy Reorganization Act of 1974, as amended (42 U.S.C. 5875); and Sect;on !08 of' the Inspector General Act Amendments of.1988 (5 U.T..C. App.), we are submitting proposed l legislation which would authorize appropriations je fis::a1 yo.ar 1990 and fiscal ycar 1991. The proposed legislation requesM authorization for " Salaries and Expenses" of $472,100,000 for fiscal year 1990 and.$485,840,000 for fiscal year 1991, and authorization for " Office of the Inspector General" of $2,900,000 for fiscal year 1990 and $2,950,000 for fiscal year 1991, Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law i l 99-272), the Nuclear Regulatory Conoission (NRC) collected user fees that i totalled approximately 33 percent of the agency's budget. The Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203) ataendeo Public Law 99-272 to require NRC to collect user fees that totalled at least 45 percent of the cgency's buoget in FY 1988 and FY 1989. Absent legislation, beginning in FY 1990, thg agency woulo again collect user fees that total approximately 33 i percent of its budget. Section 6 of this bill would require the NRC for l fiscal years 1990 ano 1991 to assess user fees approximating 100 percent of the NRC budget. This provision is needed to carry out the President's FY 1990 Budget Plan as was highlighted in the President's Building a Better America document, which was transmitted to Congress on February 9th. The enactment of this prevision would be in accord with the program of the President. The appropriation authorization provisions of tnis proposal are included in the restaual freeze category of the President's budget plan. Final decisions concerning programs in this category are still to be dcterminco through negotiations between the Administration and Congre.ss. Accordingly, these provisions, which as drafted reflect President Reagan's FY 1990 Budriet, may nr.ed te be revised to reflect the results of such negotiations. l The Office of Nanagement and Budget advises that there is no objection to the submission of this proposal to Congress. The enactment of this proposal, subject to the qualifications stated above, would be in accord with the program of the President. Sincerely, fwh Cv. W Lando W. Ze Jr.
Enclosure:
Proposed Legislation Authorizing Appropriations for FY 1990 cnd 1991 w_..~_
o UNITED CTAVES ! " )- g NUCL EAR HEGULATORyCOMMISSION g g WASH!NGTON, % C, 20505 ~.../ February 23, 1989 + CHAIRMAN The Honorable Pnilip Sharp, Chairman Subcommittee on Energy and Power Committee on Ener9y 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, as amended (42 U.S.C. 2017); Section 305 of the Energy Reorganization Act of 1974, as ancnced (42 U.S.C. 5875); and Section 108 of the Inspector General Act Amendments of 1988 (5 U.S.C. App.), we are submitting proposed legislation which would authorize appropriations for fiscal year 1990 and fiscal year 1991. The proposed legislation requests authorization 'for " Salaries and Expenses" of $472,100,000 for fiscal year 1990 and $485,840,000 for fiscal year 1931, and authorization for " Office of the Inspector General" of $2,900,000 for fiscal year 1990 and 52,950,000 for fiscal year 1991. UndertheConsolidatedOmnibusBudgetReconciliationActof1985(PublicLaw 99-272), the Nuclear Regulatory Commission (NRC) collected user fees that totalled approximately 33 percent of the agency's budget. The Omnibus Budget Reconciliate!on Act of 1987 (Public Law 100-203) amended Public Law 99-272 to require N3C to collect user fees that totalled at least 45 percent of the agency's budget in FY 1980 and FY 1989. Absent legislation, be91nning in FY 1990, the agency would again collect user fees that total approximately 33 percent of its budget. Section 6 of this bill would require the NRC for fiscal years 1990 and 1991 to assess user fees approximating 100 percent of the NRC budget. This provision is needed to carry out the President's FY 1990 Budget Phn as was highlighted in the President's Building a Better America decument, which was transmitted to Congress on February 9th. The enactnent of this provision would be in accord with the program of the President. The appropriation tuthorizction provisions of this proposal are included in the residual freeze category of the President's budget plan. Final decisions concereins programs in this category are still to be -determined through Unctiations between the Administration and Congress. Accordingly, these g:ovisions, which as draf ted reflect President Reagan's FY 1990 Budget, may need to (n. revised to reflect the results of such negotiations.
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- submisstor. of this prepos,al to Congress, The enactncnt of this proposal,- ~ '
i subject to the qudificationsistated above, would be in accord with the-program of the Pres <dont '
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Sincerely, 4 g. q dl& Q Q,. ){ l}. ' ;3(, p ..c 0 ' land'o WPZehk r.- ./.- 4 jc. ',, ' j
Enclosure:
d c Proposed Legislation Authorizing 1 Appropriations for FY 1990 and 1991 cc: The Honorable Carlos Moorhead 4 q s '( k 8 -__--.___._:__L_.--_-___.___--
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i l / l l U.S. NUCLEAR REGULATORY COMMISSI0ii PROPOSED BILL ~FOR AUTHORIZATION OF APPROPRIATIONS FISCAL YEAR 1990 AND FISCAL YEAR 1991 i l a 1 a I f i
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,a a To authorize appropriations for the Nuclear Regulatory Commission for fiscal years 1990 and 1991 and for uther purposes.' ,I 4 Be it enacted by the Senate and House of Representatives of the United. States of America in Congre,ss assembled, that this Acc may be cited as the-> "huclear Regulatory consrission EthorTiation Act for fiscal years.1990 and 1991". Section 1. AUTil0RIZATI0H OF APPROPRIATIONS FOR FISCAL.Y ARS 1990 AND 199L (a) Ifi GENERAL. --There are hereby authorized to be appropriated tof ttE i Nuclear Regulatory Connission in accordance with the provisions' of Section 261-of the Atomic Energy Act of 1954, as amended,'and Section,305 of:the Energy Reorganization Act of 1974, as amended,:for th'e fiscal. year.s 1990 and 1991-to remain available until expended,'$472,100,00Q for, f,iscal year 1990, of ' which $23,195,000:shall be authorized from the' Nuclear Waste: Fund; and,: _ - $485,840,000 fcr ficcal year 1991,;of whien $24,245,000 -shall be e.uthorized-from the huclear Waste Futid. '(b) CFFICE OF THE IMSPECTOR GENERAL. --There are hereby' authorized to b'e appropriated to the Huclear Regulatory Counission's Office of the Inspector General in accordance with the provisions of Section 108 of the. Inspector General Act Amenduents of 1988 for the fiscal years 1990 and.1991 to remain available until expended, $2,900,000 for fiscal year.1990 and $2,950,000 for a fiscal year 1991. Section 2. ALLOCATION OF AMOUNTS AUTHORIZED. 1.(a)(.for fiscal year 1990 and 3991 shall be allocated as follovts:a) IN GENERAi u i (1) not more than $176,654,000 for fiscal year _1990 and $176,968'000L for fiscal year 1991, my be used for '" Reactor Safety:and Safeguards Regulation" ( .(2)autmorethan$124,041,000 fur < fisca1 year 1990 and-$135,705,000 for final; year 1991, may be used for. " Nuclear: Safety ResearchP; (3) not more than $40,887,00.0 for fiscal year 1990 and $40,829,000 .for fiscal ' year 1991, niay be usec for "NucloarL Material and 1.cw Level' o Waste Safety and Safeguards Regulation"; M, (4) not more than $23195,000' for fiscal yeari1990' froin the. Nuclear -Waste Fund and $24,245,000 for fiscal year:1991 from the Nuclear-Waste Fund,-may be used for "High-Level Nuclear Waste Regulation"; 'l (5)! not more than.$36,63ti,000 for fiscal year _1990 and $35,822,000 d for. fiscal year '1991, may be used for "Special and Independent Reviews, j Investigations and enforcement"; and' (6) not'more than $71,677,000 for fiscol year 1990 and $72,271,000 for fiscal year 1991,-may be used for "Huclear Safety Management and Support". U 4 i _m___________1._______
m, -o c; j t 4 0 x (b) LIMITATIONS. --The Nuclear Rt.gulatory ComissionLmay not use more ~ than 1 per centum of the amounts authorized to be appropriated under. section 2.(a)(2) to exercise its' authority under Section 31.(al of the Atomic - Energy Act of 1954'(42 U.S.C. 2051(a)),to enter into grants and cooperative '1 - agreements with universities pursuant to such par 6 graph. Grants made by the-1 - Comission shall be made.in accordance with the Federal Grant and Cooperative -{ Agreement Act of 1977 (41 U.S.C. 501 et seq.), and othat applicable law.. o r . 1 (c)' REALLOCATION. --Except as specified below, anty amounts ' authorized for. a fiscal year to the Nuclear.Regulatgry Comission pursaant to any paragraph of s(ction 2.(a) ']r purpcses~ of the program referred =to in sucn paragraph, may be a reallocated by the Comission for use in a.rrogram referred to in any other pdraccaph-of cuch seStion,: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 J Ngram.or specified, activity may not, as,a -result of: reallocations soch under this 'section,'be increased or reduced by mora than'$500,000 unless the'Comittee on Energy and Commerce and the Comittee on. Interior and Insular ' Affairs of the House'of Representatives. and the Comittee on Environment end - Public Works of the Senate are notified in advance by the Commission. Such notification will contain:a full!and complete' statement cf the reallocation to be made and the facts and circumstances relied upon in support of such reallo-cation. Funds authorized to be'appro]riated from the Nuclear Waste Fund may be used only for the Comission's higwievel nuclear waste activities and may not be reprogrammed for other Connission' activities. -] Section 3. RETENTION OF FUNDS. l Money received by the Nuclear Regulatcry Comission for the co%erative 'q nuclear safety research program, services reedered to fireign governmoite j ( and international organizations, and the material;and information accass i authorization progrus it.cluding criminal history (hecks under Section 10 l' of the Atomic Energy. Act of 195.4, as mended, may be retained and,used, activities,. appropriations, for salaries and expenses assocWed with those.notwith sut.3ct to a . States-Code and stali remain available until expended. s Section 4. YRANSFER OF CERTAIN FUNDS. From amounts appropriated to the Nuclear Regulatory Commission pursuant to Section 1.(a)' ef this Act, except for appropriations f rom the Nuclear Waste. Fund, the Consnission may transfer sums to its Office _ of the Inspector. General, provided that the total transfer curing miy fiscal year may not exceed 5 pe'r ~ cent of the amount authorized under Section 1.(b) of this Act for that fiscal year. l .SECTION 5. LIMITATION. L Notwithstanding any 5ther provisions of this Act,,no' auth6rity to make payments under this Act shall be effective except tot such extent or in sush anounts asare provided in advance in appropriation Acts. ? l L ? u
v-o i j o SECTION 6. HUCLEAR REGULATORY. COMMISSION ANNUAL CHARGES;. i l (a) IN GENERAL--For fiscal years 1990 and 1991, the. Nuclear Regulatory i Commission shall pronolgate through rulemaking a schedule ot fees applicable i to persons subject to t1e Commission's regulations, which.shal?. result in the colle.ction of fees whic'n shall 1pproximate, bu: not be less 'than 100 percent. (- of the aggregate of NRC appropriations for each such fiscal year. The schedule 4 of fees shall benfair and (quitable.; gFees shall have a reascuable relationship l-to' the cost of providing regulatory rarvices, and niay also be, based in' part 1 on the allocation'ef agency resourcer to classes of regulated persons and the . administrative costs of collecting fees. The funds appropriated to the" Nuclear Regulatory Commisison from the Nuclear. Waste Fund shall be considered fees for purposes of this section. 4 l (b) REPEAL. --Title VII of the' Consolidated.0mnibus Budget Reconciliation . Act of.1985 (Public Law 99-272), as amended,-71s mended by. striking subtitle G. a t l 3 l 1 l l-i l ' 8 i l l-d 1 l 4 4 1 f I r a / s
m g. i \\ U.S. LUCLEAR REGULATORY COMMISSION 1 ANALYSIS OF PROPOSED FY 1990 ANO FY 1991 AllTHORIZATION OF APPROPRIATIONS LAN307,GE 4 i 1 I l 1 i l 1 i l i I l l l l. 1 l
i l Section 1.(a) --The Nuclear Regulatory Com,rissicn is responsible for assuring l that the possession, use and disposal of radioactive materials and the construction and operation of reactors and other nuclear facilities are conducteo in a manner consistent with public health and safety and the common defense and security, with proper regard for environmental-quality, and in conformance with antitrust statutes. ) The Nuclear Waste Policy Act, as amended, provides for the establishment of a 3 Huclear Waste Fund to ensure that.the costs of carrying out activities relating ) to the disaosal of high-level radioactive waste and spent nuclear fuel will be borne by t1e persons responsible for generating 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 Comission is required by the huclear Naste Policy Act, as amended, to license a repository for the j disposal of high-level radioactive waste and spent nuclear fuel and is assigned i i spacific review responsibilities in the steps leading to submission.of the license application. Thu,, the Act establishes !!RC's responsibility throughout the repository siting process, culminating in the requirement for t;RC licensing 3 as a prerequisite to construction and operation of the repository. The Nuclear l Waste Policy Act, as amended, also specifies that expenditures from the Nuclear Waste Fund shall only be used for purposes of spent fuel and high-level radio-active waste disposal activities including identification, development, licensing, construction, operation, decowaissioning, and post-decommissioning maintenance and monitoring of any repository constructed under the Act and administrative cost of the radioactive waste disposal program. The Comission's program is coeposed of nuclear facilities and material ) Iicensing, inspection and enforcement and related regulatory functions, i nuclear safety research, rulemaking, and technical and administrative support I activities. 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 1983 amended the Inspector General Act of 1978 by establishing the Office of the Inspector General within the Nuclear Regulatory Commission effective on April 17, 1989, and by requiring 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 cut the responsibilities of the Office of the Inspector General. Section 2.(a) --The requested authorization for appropriations under Section 1.(a) is for fiscal year 1990 $472,100,000 and for fiscal year 1991, $485,840,000, allocated as follows:
) FYL1990-FY 1991 Reactor Safety'und Safeguards Regulation '$175s664,000 $176,968,000 ') Nuclear Safety Research $124;041,000 -$135,705,000-Nuclear Material and' Low-Level Waste ?$ 40,829,000 .] Safety and Safeguards Regulation $ 40,887,000 High-Level Nuclear Waste Regulation $.23,195,000 ,$ 24,245,0001 l Special and Independent Reviews,- Investigations and Enforcement $ 36,636,000 '$ 35,822,000 . Nuclear Safety Management and' Support $ 71,677,000 $ 72,271,000 Section 2.(b) --This section provides authorization for moneys received by the-j Commission to be utilized for grants and cooperative. agreements. -Although'the' language of this section specifically addresses universities, other eligible recipients, such as state and local governments-and not-for-profitti.nsti- ~ tutions, may be included in the Commission's' assistance prograit Section 2.(c) --Thi.s section provides the Commission with the authority to' reprogram funds'among the program activities specified in sectirn 2.(a) with certain specified constraints.. Funds authorized to be; appropriated from the fluclear Waste Fund will be used only for 14RC's high-level nuclear. waste < 1 activities and Fill not bs reprogrammed for-other NRC activities, j Section 3. --This section provides authorization for moneys received' by the-Commissiom for the cooperative nuclear safety research program, for-services rendered to foreign governments and international organizations, for costs of 4 certain licensee' security investigations and for costs ofEfingerprint exami-nations and criminal history checks to be used as salaries and expenses,- subject to appropriations, and for such moneys to remain available until expended notwithstanding the provisions'of Section 3302 or Title.31 of the United States Code. Under 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..The NRC 1 would also be authorized to receive directly compensation from foreign; govern-ments and international organizations for providing safety' assistance and other services related to promoting the public health and. safety. Funds are also received in the' form of fees from'licen: ees for'the cost of security investi-gations and related processing associated with access-to. formula quantities of special nuclear material. These funds will be used to pay the related NRC processing costs and the agency performing the security. investigations. Funds will be received in the form of fees from licensees for the cost of fingerprint _ _
.w. o f 6 i 1 examinatioils and criminal history checks of each individual granted accessito safeguards'information or unescorted access to a nuclear aower plant; These funds will be used to pay for processing and performing tie fingerprint exami-nations' and criminal history checks. NRC will also use the money. currently collected under 10 CFR Part 25, to pay the NRC ~ processing costs and the Office cof 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 appropr,iations from the Nuclear. Waste Fund, to its Office of;the Inspector General appropriation. This will aermit the NRC to augment'the Inspector General appropriation on a limited. ) asis, if it becomes necessary, without seeking additional appropriation for 'that fiscal year. l Section~5. --This section-provides. language required by the Congressional Budget and Impoundment Control Act of '1974 -(P.L. 93-344), Section 401.(a). Section 6. --Under the consolidated Omnibus Budget Reconciliation 'Act' of 1985 (Public Law 99-272), the NRC collected user fees that totalled approximately 33 percent of the agency)'s budget. The Omnibus _ Budget. Reconciliation Act of 1987 (Public Law 100-203 amendeo Public Law 99-272 to require.NRC.to collect user fees that totalled at least 45 percent of the agency's budget in FY 1988 and FY 1989. Absent legislation, beginning in FY 1990, the agency would again collect user fees that total approximately 33 percent of its budget, f This section would require the NRC for fiscal years 1990 and 1991 to assess user fees which shall a)proxinate,.but not be. less than 100 percent of the NkC budget. The fee scledules would be established through rulemaking. In setting fees the NRC would to the maximum extent permitted by law base its fees on the cost of providing regulatory services to a given beneficiary.- Where it is not reasonable to attribute agency costs to a specified benefi-ciary of agency services, these costs may be recovered _ by zimposing additional charges on NRC licensees. While it is anticipated that a'large percentage of the fees will be paid by the owners of operating power reactors, the Consnission will have some latitude in determining what persons shall: pay fees and in determining the specific fees to be charged. The Conunission in making these determinations may take into consideration _ the allocation _ of agency resources t to classes of regulated persons, whether direct or indirect, the administrative costs of collecting fees, and the ability of the fee payer to pass on the fee costs to'others. l The sums appropriated to NRC from the_ Nuclear Waste Fund are to be counted towards the amounts to be recovered under this section. The NRC would continue to charge its applicants and licensees for licensing and inspection services pursuant to the Independent Appropriations Act of.1952. These license and inspection fees together with the additional fee proposed in this section'and L the funds authorized to be' appropriated from the Nuclear Waste Fund under section 1.(a) of this Act would result in NRC's budget being fully supported by the users of nuclear energy. 1 _ _ _ _ _ _ - _ -
~- ~ / It is estimated that the difference between fiRC charges to be collected under the current law ar.d charges to be collected under the proposed legislation is $318,250,000 in FY 1990 and $327,490,000 in FY 1991. h _}}