I

103D CONGRESS

1ST SESSION H. R. 2170

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 HOUSE OF REPRESENTATIVES

MAY 19, 1993

Mr. LEHMAN (by request) introduced the following bill; which was referred

jointly to the Committees on Energy and Commerce, Natural Resources,

and the Judiciary

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 (42 U.S.C. 5846) 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 basic component supplied to such facility or activ10 ity—

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)(1) Except as provided in paragraph (2), any per4 son who fails to provide a notification required by sub5 section (a), or who violates any regulation or order issued

6 under subsection (b), shall be subject to a civil penalty

7 in the same manner and amount as provided for violations

8 subject to a civil penalty under section 234 of the Atomic

9 Energy Act of 1954 (42 U.S.C. 2282).

10 ‘‘(2) An individual who is subject to the requirements

11 of this section solely because of employment by a person

12 subject to those requirements shall only be assessed a civil

13 penalty for failure to provide notice pursuant to subsection

14 (a) if such individual has actual knowledge of the report15 ing requirement imposed by subsection (a) and of a defect

16 as provided in subsection (a)(1) or of a failure of compli17 ance as provided in subsection (a)(2).

18 ‘‘(d) The requirements of this section shall be pre19 eminently posted on the business premises of any person

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

21 failure to comply under subsection (a).

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

23 inspections, investigations, and other enforcement activi24 ties as it deems necessary to ensure compliance with the
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1 provisions of this section and with any regulations and or2 ders issued thereunder.

3 ‘‘(f) For purposes of this section, the term ‘person’

4 has the same meaning as in section 11 s. of the Atomic

5 Energy Act of 1954 (42 U.S.C. 2014(s)), except that—

6 ‘‘(1) it also includes the Department of Energy

7 with respect to facilities of the Department regu8 lated by the Commission and with respect to any

9 item provided by the Department as a component to

10 a licensee; and

11 ‘‘(2) it does not include an individual unless he

12 or she is—

13 ‘‘(A) a sole proprietor or partner of a busi14 ness that constructs, owns, operates, or supplies

15 a component covered by subsection (a) of this

16 section; or

17 ‘‘(B) a director or responsible officer em18 ployed by a person subject to that subsection.

19 ‘‘(g) This section shall apply to the United States En20 richment Corporation and facilities leased by the Corpora21 tion, and to its directors and officers, to the same extent

22 as any other person subject to this section.’’.
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1 SEC. 3. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF

2 RULES, REGULATIONS, ORDERS, OR LICENS3 ING REQUIREMENTS.

4 (a) IN GENERAL.—Section 234 a. of the Atomic En5 ergy Act of 1954 (42 U.S.C. 2282(a)) is amended to read

6 as follows:

7 ‘‘a. Any person who—

8 ‘‘(1) violates—

9 ‘‘(A) any licensing provision of section 53,

10 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109,

11 or any rule, regulation, or order issued there12 under;

13 ‘‘(B) the certification provisions of section

14 1701, or any rule or regulation issued there15 under;

16 ‘‘(C) any term, condition, or limitation of

17 any license or certification issued under any

18 section referred to in subparagraph (A) or (B);

19 or

20 ‘‘(D) any rule, regulation, or order issued

21 under subsection b., i., or o. of section 161; or

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

23 may be revoked under section 186;

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

25 Commission, of not to exceed $100,000 for each such vio26 lation. If any violation is a continuing one, each day of
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1 such violation shall constitute a separate violation for the

2 purpose of computing the applicable civil penalty. The

3 Commission shall have the power to compromise, mitigate,

4 or remit such penalties.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) The heading of section 234 of the Atomic

7 Energy Act of 1954 (42 U.S.C. 2282) is amended

8 to read as follows:

9 ‘‘SEC. 234. CIVIL MONETARY PENALTIES FOR VIO10 LATIONS OF RULES, REGULATIONS, ORDERS, OR LICENS11 ING REQUIREMENTS.—’’.

12 (2) The table of contents of the Atomic Energy

13 Act of 1954 (42 U.S.C. 2011 prec.) is amended by

14 striking the item relating to section 234 and insert15 ing the following:

‘‘Sec. 234. Civil monetary penalties for violations of rules, regulations, orders,

or licensing requirements.’’.

16 SEC. 4. ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.

17 Section 29 of the Atomic Energy Act of 1954 (42

18 U.S.C. 2039) is amended by striking the last 2 sentences.

19 SEC. 5. CARRYING OF FIREARMS BY LICENSEE EMPLOY20 EES.

21 Section 161 k. of the Atomic Energy Act of 1954 (42

22 U.S.C. 2201(k)) is amended—
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1 (1) in the 1st complete sentence, by inserting

2 ‘‘and licensees (including employees of contractors of

3 licensees)’’ after ‘‘(at any tier)’’;

4 (2) in the 1st complete sentence, by striking

5 ‘‘owned by or contracted to the United States or

6 being transported to or from such facilities’’ and in7 serting the following: ‘‘owned by or contracted to the

8 United States or licensed by the Commission, or

9 being transported to or from such facilities,’’;

10 (3) in the 4th complete sentence, by inserting

11 ‘‘or a licensee of the Commission’’ after ‘‘or a con12 tractor of the Department of Energy or Nuclear

13 Regulatory Commission’’; and

14 (4) in the last sentence, by inserting ‘‘and the

15 Commission’’ after ‘‘The Secretary’’.

16 SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS

17 WEAPONS.

18 Section 229 a. of the Atomic Energy Act of 1954 (42

19 U.S.C. 2278a(a)) is amended by inserting after ‘‘custody

20 of the Commission’’ the following: ‘‘or subject to its licens21 ing authority under this Act or any other Act’’.
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1 SEC. 7. SABOTAGE OF PRODUCTION, UTILIZATION, OR

2 WASTE STORAGE FACILITIES UNDER CON3 STRUCTION.

4 Section 236 a. of the Atomic Energy Act of 1954 (42

5 U.S.C. 2284(a)) is amended to read as follows:

6 ‘‘a. Any person who intentionally and willfully de7 stroys or causes physical damage to, or who intentionally

8 and willfully attempts to destroy or cause physical damage

9 to—

10 ‘‘(1) any production facility or utilization facil11 ity licensed under this Act;

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

13 under this Act;

14 ‘‘(3) any production, utilization, or waste stor15 age facility subject to licensing under this Act dur16 ing its construction where the destruction or damage

17 caused or attempted to be caused could affect public

18 health and safety during the operation of the facil19 ity;

20 ‘‘(4) any nuclear fuel for a utilization facility li21 censed under this Act, or any spent nuclear fuel

22 from such a facility; or

23 ‘‘(5) any uranium enrichment facility regulated

24 by the Nuclear Regulatory Commission;

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

26 not more than 10 years, or both.’’.
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1 SEC. 8. ADMINISTRATIVE SEARCH WARRANTS.

2 Section 161 c. of the Atomic Energy Act of 1954 (42

3 U.S.C. 2201(c)) is amended to read as follows:

4 ‘‘c. (1) Make such studies and investigations,

5 obtain such information, and hold such meetings or

6 hearings as the Commission may deem necessary or

7 proper to assist it in exercising any authority pro8 vided in this Act, or in the administration or en9 forcement of this Act, or any regulations or orders

10 issued thereunder. For such purposes the Commis11 sion is authorized—

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

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

14 appear and testify or appear and produce docu15 ments, or both, at any designated place;

16 ‘‘(C) to conduct searches without a war17 rant of the premises of applicants, licensees,

18 and other persons subject to section 206 of the

19 Energy Reorganization Act of 1974 (42 U.S.C.

20 5846); and

21 ‘‘(D) by judicially approved, administrative

22 search warrant, to enter at reasonable times

23 premises under the control of any person not

24 covered by subparagraph (C) who is subject to

25 the Commission’s jurisdiction.
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1 ‘‘(2) Before a warrant is issued pursuant to

2 paragraph (1)(D), the Commission shall establish

3 that it has a reasonable suspicion that a violation of

4 a Federal statute or a Commission regulatory re5 quirement has been or will be committed. A search

6 pursuant to such a warrant shall be effected only for

7 purposes directly related to the basis for the war8 rant, and each such search shall be commenced and

9 completed with reasonable promptness.

10 ‘‘(3) Witnesses subpoenaed pursuant to para11 graph (1)(B) shall be paid the same fees and mile12 age as are paid witnesses in the district courts of the

13 United States.’’.

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