II

103D CONGRESS

1ST SESSION S. 1166

To amend the Energy Reorganization Act of 1974 and the Atomic Energy

Act of 1954 to enhance the safety and security of nuclear power facilities,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 25 (legislative day, JUNE 22), 1993

Mr. BAUCUS (for himself, Mr. LIEBERMAN, and Mr. SIMPSON) (by request)

introduced the following bill; which was read twice and referred to the

Committee on Environment and Public Works

A BILL

To amend the Energy Reorganization Act of 1974 and the

Atomic Energy Act of 1954 to enhance the safety and

security of nuclear power facilities, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Omnibus Nuclear

5 Power Safety and Security Enhancement Act of 1993’’.

6 SEC. 2. NOTIFICATION REQUIREMENTS.

7 Section 206 of the Energy Reorganization Act of

8 1974 is amended to read as follows:
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1 ‘‘NONCOMPLIANCE

2 ‘‘SEC. 206. (a) Any person constructing owning, op3 erating, or supplying a component of any facility or activ4 ity which is licensed or otherwise regulated by the Com5 mission pursuant to the Atomic Energy Act of 1954 (in6 cluding any facility leased by the United States Enrich7 ment Corporation), or pursuant to this Act, who obtains

8 information reasonably indicating that such facility or ac9 tivity or a basic component supplied to such facility or ac10 tivity—

11 ‘‘(1) contains a defect, or

12 ‘‘(2) fails to comply with the Atomic Energy

13 Act of 1954 or any applicable rule, regulation, order,

14 or license of the Commission,

15 shall immediately notify the Commission of such defect or

16 failure to comply if such defect or failure to comply could

17 create a substantial safety hazard as defined by the regu18 lations promulgated by the Commission, unless such per19 son has actual knowledge that the Commission has been

20 informed in writing of such defect or failure to comply.

21 ‘‘(b) The Commission may issue such regulations and

22 orders as it deems necessary to ensure compliance with

23 this section, including regulations and orders requiring

24 any person subject to this section to devise and implement

25 procedures to identify, evaluate, and report defects and
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1 failures to comply subject to the notification requirements

2 of subsection (a).

3 ‘‘(c) Any person who fails to provide a notification

4 required by subsection (a), or who violates any regulation

5 or order issued under subsection (b), shall be subject to

6 a civil penalty in the same manner and amount as pro7 vided for violations subject to a civil penalty under section

8 234 of the Atomic Energy Act of 1954; except that an

9 individual who is subject to the requirements of this sec10 tion solely because of employment by a person subject to

11 those requirements shall only be assessed a civil penalty

12 for failure to provide notice pursuant to subsection (a) if

13 such individual has actual knowledge of the reporting re14 quirement imposed by subsection (a) and of a defect as

15 provided in subsection (a)(1) or of a failure of compliance

16 as provided in subsection (a)(2).

17 ‘‘(d) The requirements of this section shall be pre18 eminently posted on the business premises of any person

19 who is required to notify the Commission of a defect or

20 failure to comply under subsection (a).

21 ‘‘(e) The Commission may conduct such reasonable

22 inspections, investigations, and other enforcement activi23 ties as it deems necessary to ensure compliance with the

24 provisions of this section and with any regulations and or25 ders issued thereunder.
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1 ‘‘(f) For purposes of this section, the term ‘person’

2 has the same meaning as in subsection 11 s. of the Atomic

3 Energy Act of 1954, except that (A) it also includes the

4 Department of Energy with respect to facilities of the De5 partment regulated by the Commission and with respect

6 to any item provided by the Department as a component

7 to a licensee, and (B) it does not include an individual

8 unless he or she is (i) a sole proprietor or partner of a

9 business that constructs, owns, operates, or supplies a

10 component covered by subsection (a) of this section, or

11 (ii) a director or responsible officer employed by a person

12 subject to that subsection.

13 ‘‘(g) This section shall apply to the United States En14 richment Corporation and facilities leased by the Corpora15 tion, and to its directors and officers, to the same extent

16 as any other person subject to this section.’’.

17 SEC. 3. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF

18 RULES, REGULATIONS, ORDERS OR LICENS19 ING REQUIREMENTS.

20 (a) The heading of section 234 of the Atomic Energy

21 Act of 1954 is amended to read as follows: ‘‘CIVIL MONE22 TARY PENALTIES FOR VIOLATIONS OF RULES, REG23 ULATIONS, ORDERS, OR LICENSING REQUIRE24 MENTS.’’.
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1 (b) The first sentence of subsection a. of section 234

2 of the Atomic Energy Act of 1954 is amended to read

3 as follows:

4 ‘‘a. Any person who—

5 ‘‘(1) violates (A) any licensing provision of sec6 tion 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or

7 109, or any rule, regulation, or order issued there8 under, (B) the certification provisions of section

9 1701, or any rule or regulation issued thereunder,

10 (C) any term, condition, or limitation of any license

11 or certification issued under any of these sections, or

12 (D) any rule, regulation, or order issued under sec13 tion 161 b., 161 i., or 161 o., or

14 ‘‘(2) commits any violation for which a license

15 may be revoked under section 186,

16 shall be subject to a civil penalty, to be imposed by the

17 Commission, of not to exceed $100,000 for each such vio18 lation.’’.

19 SEC. 4. ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.

20 Section 29 of the Atomic Energy Act of 1954 is

21 amended by deleting the last two sentences of that section.

22 SEC. 5. CARRYING OF FIREARMS BY LICENSEE EMPLOY23 EES.

24 Section 161 k. of the Atomic Energy Act is amend25 ed—
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1 (1) by inserting ‘‘and licensees (including em2 ployees of contractors of licensees)’’ after ‘‘(at any

3 tier)’’,

4 (2) by striking ‘‘owned by or contracted to the

5 United States or being transported to or from such

6 facilities’’ and inserting ‘‘owned by or contracted to

7 the United States or licensed by the Commission, or

8 being transported to or from such facilities,’’,

9 (3) by inserting ‘‘or a license of the Commis10 sion’’ after ‘‘or a contractor of the Department of

11 Energy or Nuclear Regulatory Commission’’, and

12 (4) by inserting ‘‘and the Commission’’ after

13 ‘‘The Secretary’’.

14 SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS

15 WEAPONS.

16 Section 229 a. of the Atomic Energy Act of 1954 is

17 amended by adding after ‘‘custody of the Commission’’ the

18 words ‘‘or subject to its licensing authority under this Act

19 or any other Act’’.

20 SEC. 7. SABOTAGE OF PRODUCTION, UTILIZATION, OR

21 WASTE STORAGE FACILITIES UNDER CON22 STRUCTION.

23 Section 236 a. of the Atomic Energy Act of 1954 is

24 amended to read as follows:
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1 ‘‘a. Any person who intentionally and willfully de2 stroys or causes physical damage to, or who intentionally

3 and willfully attempts to destroy or cause physical damage

4 to—

5 ‘‘(1) any production facility or utilization facil6 ity licensed under this Act;

7 ‘‘(2) any nuclear waste storage facility licensed

8 under this Act;

9 ‘‘(3) any production, utilization, or waste stor10 age facility subject to licensing under this Act dur11 ing its construction where the destruction or damage

12 caused or attempted to be caused could affect public

13 health and safety during the operation of the facil14 ity; or

15 ‘‘(4) any nuclear fuel for a utilization facility li16 censed under this Act, or any spent nuclear fuel

17 from such a facility;

18 shall be fined not more than $10,000 or imprisoned for

19 not more than ten years of both.’’.

20 SEC. 8. ADMINISTRATIVE SEARCH WARRANTS.

21 Section 161 c. of the Atomic Energy Act of 1954 is

22 amended to read as follows:

23 ‘‘(1) make such studies and investigations, ob24 tain such information, and hold such meetings or

25 hearings as the Commission may deem necessary or
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1 proper to assist it in exercising any authority pro2 vided in this Act, or in the administration or en3 forcement of this Act, or any regulations or orders

4 issued thereunder. For such purposes the Commis5 sion is authorized—

6 ‘‘(A) to administer oaths and affirmations;

7 ‘‘(B) by subpoena, to require any person to

8 appear and testify or appear and produce docu9 ments, or both, at any designated place;

10 ‘‘(C) to conduct searches without a war11 rant of the premises of applicants, licensees,

12 and other persons subject to section 206 of the

13 Energy Reorganization Act of 1974; and

14 ‘‘(D) by judicially-approved, administrative

15 search warrant, to enter at reasonable times

16 premises under the control of any person not

17 covered by subparagraph (C) who is subject to

18 the Commission’s jurisdiction.

19 ‘‘(2) Before a warrant is issued pursuant to

20 subparagraph (D) of paragraph (1), the Commission

21 must establish that it has a reasonable suspicion

22 that a violation of a Federal statute or a Commis23 sion regulatory requirement has been or will be com24 mitted. A search pursuant to such a warrant shall

25 be effected only for purposes directly related to the
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1 basis for the warrant, and each such search shall be

2 commenced and completed with reasonable prompt3 ness.

4 ‘‘(3) Witnesses subpoenaed pursuant to sub5 paragraph (B) of paragraph (1) shall be paid the

6 same fees and mileage as are paid witnesses in the

7 district courts of the United States.’’.

8 SEC. 9. AMENDMENTS TO TABLE OF CONTENTS.

9 The Table of Contents of the Atomic Energy Act of

10 1954 is amended by striking ‘‘Sec. 234. Civil Monetary

11 Penalties for Violations of Licensing Requirements’’ and

12 inserting in lieu thereof ‘‘Sec. 234. Civil Monetary Pen13 alties for Violations of Rules, Regulations, Orders, or Li14 censing Requirements’’.

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