97th Congress > House > Vote 278

Date: 1981-11-05

Result: 100-293

Vote Subject Matter: Foreign and Defense Policy / Budget Special Interest

Sponsor: MARKEY, Edward John (D-MA)

Bill number: HR2330

Description: TO AMEND H.R. 2330, A BILL AUTHORIZING APPROPRIATIONS FOR THE NUCLEAR REGULATORY COMMISSION, BY PROHIBITING EXPORT LICENSES FOR HIGHLY ENRICHED URANIUM, UNLESS THE NRC DETERMINES THAT THE RECIPIENT FOREIGN REACTOR CANNOT BE FEASIBLY CONVERTED TO OPERATE ON LOWER-GRADE URANIUM. (MOTION FAILED)

Bill summary: (House receded and concurred in Senate amendment with an amendment) Authorizes appropriations for the Nuclear Regulatory Commission (NRC) for FY 1982 and 1983 and allocates the funds for: (1) nuclear reactor regulation, including gas-cooled thermal reactor preapplication review and licensing review for a fast breeder reactor plant project; (2) inspection and enforcement; (3) nuclear material safety and safeguards; (4) nuclear regulatory research, including gas-cooled thermal reactor safety (...show more) research, fast breeder reactor safety research, and the Loss-of-Fluid Test Facility research program; (5) program technical support; and (6) program direction and administration. Limits the NRC's authority to enter into grants and cooperative agreements with universities to not more than one percent of the amount authorized to be appropriated for nuclear regulatory research. Prohibits the NRC from reprogramming the funds authorized to be appropriated for any activity under this Act by an increase or decrease in excess of $500,000 for a period of 30 calendar days after notice of such action has been sent to the appropriate congressional committees, unless each committee has transmitted a written notice that it has no objection to such action. Authorizes the NRC to retain monies received for cooperative nuclear research programs to use for salaries and expenses for such programs. Authorizes the NRC to transfer sums from the amounts appropriated under this Act to other government agencies which perform the work for which such appropriations were made. Authorizes payments under this Act only to the extent provided in advance in appropriation Acts. Permits the NRC to issue operating licenses, including temporary operating licenses, for nuclear reactors in the absence of State or local emergency preparedness plans approved by the Federal Emergency Management Agency if there are State, local, or utility plans providing reasonable assurances of public health and safety. Requires the NRC to use funds authorized to be appropriated by this Act to expedite the establishment of safety goals for nuclear reactor regulation. Requires the NRC to fund a technical review and analysis of research results obtained from the Loss of Fluid Test Facility research program. Sets a ceiling on the amount of funds which may be used for: (1) the acquisition and installation of equipment for the small test prototype nuclear data link program or for any other program for the collection and transmission to the NRC of data from licensed nuclear reactors during abnormal conditions; and (2) a study and analysis of the NRC's role during abnormal conditions at a licensed nuclear reactor and the changes in NRC authority necessary to enhance the NRC's response to such conditions. Requires the NRC to report to Congress on such study. Makes available from amounts authorized to be appropriated for program direction and administration funds for interim consolidation of NRC headquarters staff offices. Prohibits the use of authorized funds to relocate the Commissioners' offices outside the District of Columbia. Prohibits the use of funds authorized to be appropriated under this Act to assist the General Public Utilities Corporation with the decontamination, clean-up, repair, or rehabilitation of facilities at Three Mile Island Unit 2. Provides that this prohibition shall not apply to the NRC's monitoring or inspection of such activities or to the NRC's regulatory functions with respect to the Three Mile Island facilities. Requires the NRC to include in its annual report to Congress a separate chapter on the collaborative clean-up efforts made by the NRC and the Department of Energy at Three Mile Island Unit 2. Prohibits the NRC from approving any willful release of accident-generated water from Three Mile Island Unit 2 into the Susquehanna River or its watershed. Amends the Atomic Energy Act of 1954 to authorize the NRC to issue to a nuclear powerplant a temporary operating license which authorizes fuel loading, testing, and operation of the powerplant, pending final NRC action on the operating license application. Limits the power levels at which a nuclear powerplant may operate under such license. Requires a petition for a temporary license to be preceded by the filing of: (1) the initial Safety Evaluation Report by the NRC staff; (2) the NRC staff's first supplement to the report; and (3) a State, local, or utility emergency preparedness plan; as well as, (4) the currently required safety and environmental documents. Removes the requirement that the NRC hold a hearing on a petition for an interim license after ten days' notice and publication once in the Federal Register. Permits the NRC to issue a temporary license or an amendment thereto upon finding that: (1) all legal requirements, except a required hearing, are met; (2) there will be adequate protection of public health and safety and the environment during the period of temporary operation; and (3) denial of a temporary license will result in a delay in the operation of the powerplant. Requires that a final order for the issuance of a temporary license be transmitted to specified congressional committees. Makes such final orders subject to judicial review. Requires the parties to the final operating license application hearing to notify the NRC of any violations of a temporary license or any dangers to the public health and safety and the environment during interim operation. Directs the NRC to minimize the issuance of temporary licenses. Terminates the NRC's authority to issue temporary licenses on December 31, 1983. Authorizes the NRC to issue, and make immediately effective, license amendments which involve no significant hazards consideration in advance of the holding and completion of any required hearing. Requires that notice of amendments issued or proposed to be issued be published periodically. Requires the NRC to establish: (1) standards for determining whether a license involves no significant hazards consideration; (2) criteria for providing notice and opportunity for public comment on any such determination; and (3) procedures for consultation on any such determination with the State in which the facility involved is located. Directs the NRC to implement and accelerate the resident inspector program so as to assure the assignment of at least one resident inspector by the end of FY 1982 at each site at which construction of a commercial nuclear powerplant is more than 15 percent complete. Requires the NRC to conduct a study of existing and alternative programs for improving quality assurance and quality control performance in the construction of commercial nuclear powerplants. Requires the NRC to undertake a pilot program to evaluate quality assurance and quality control programs underway. Directs the NRC to report to Congress on the results of the study and the pilot program within 15 months after enactment of this Act. Amends the Atomic Energy Act of 1954 to prohibit the transfer, reprocessing, or use of special nuclear material produced in licensed facilities for nuclear explosive purposes. Requires the NRC to use funds authorized under this Act to conduct a study and report to Congress on the financial hardships incurred by resident inspectors as a result of: (1) NRC requirements that they relocate periodically; and (2) NRC requirements with respect to their domicile and travel between their residence and duty stations. Subjects to criminal penalties any person who intentionally and willfully disrupts or attempts to disrupt the normal operation of any licensed nuclear facility. Requires the Secretary of Energy to prescribe regulations and issue orders to prohibit the unauthorized dissemination of certain unclassified information with respect to atomic energy defense programs. Makes determinations by the Secretary concerning the applicability of such prohibition subject to judicial review. Requires the Secretary to report quarterly on the application of such regulations or orders. Revises the dates by which the Administrator of the Environmental Protection Agency (EPA) must promulgate health and environmental protection standards with respect to uranium mill tailings. Terminates the Administrator's authority to promulgate such standards if the Administrator fails to promulgate them in final form by October 1, 1983. Provides for the NRC to promulgate any standards necessary to carry out its licensing responsibilities under the Atomic Energy Act of 1954 in such a case. Prohibits the NRC from implementing or enforcing the Uranium Mill Licensing Requirements before January 1, 1983. Requires the NRC to review such regulations after the Administrator proposes health and environmental protection standards and to suspend implementation and enforcement of any regulations which would require a major action or commitment by licensees which would be unnecessary under the Administrator's proposed standards and if NRC requirements are made to conform to such standards. Requires the NRC to continue to regulate byproduct material during the suspension period. Directs the NRC to conform such requirements to the Administrator's final standards within six months after such standards are promulgated. Amends the Uranium Mill Tailings Radiation Control Act of 1978 to require that remedial actions taken by the Secretary of Energy at designated processing and disposal sites comply with the health and environmental protection standards proposed by the Administrator pursuant to the Atomic Energy Act of 1954 until such standards are promulgated in final form. Amends the Atomic Energy Act of 1954 to authorize States to adopt equivalent or more stringent alternatives to the Federal health and environmental protection standards with respect to byproduct material. Amends the Uranium Mill Tailings Radiation Control Act of 1978 to permit the termination of State authority over byproduct material and the exercise of NRC authority over such material only after compliance by the NRC with the procedures that apply to the termination of State agreements for State regulation of byproduct material under the Atomic Energy Act of 1954. Amends the Atomic Energy Act of 1954 to permit licensees to propose alternatives to NRC safety and environmental requirements for byproduct material. Amends the Uranium Mill Tailings Radiation Control Act of 1978 to require the Secretary of Energy to designate as a processing site real property within the vicinity of the Tennessee Valley Authority uranium mill site in Edgemont, South Dakota, which is contaminated with residual radioactive materials. Amends the Atomic Energy Act of 1954 to require the Administrator of the EPA to consider health, safety, and environmental risks and economic costs in establishing health and environmental protection standards for uranium mill tailings.

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Bill titles: A bill to authorize appropriations to the Nuclear Regulatory Commission in accordance with section 261 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.

Original source documents: Digest of the Congressional Record vol. 161, p. 8155;

Links for more info on the vote: congress.gov

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