```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2170 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Nuclear Power Safety and 
Security Enhancement Act of 1993''.

SEC. 2. NOTIFICATION REQUIREMENTS.

    Section 206 of the Energy Reorganization Act of 1974 (42 U.S.C. 
5846) is amended to read as follows:

                            ``noncompliance

    ``Sec. 206. (a) Any person constructing, owning, operating, or 
supplying a component of any facility or activity which is licensed or 
otherwise regulated by the Commission pursuant to the Atomic Energy Act 
of 1954 (including any facility leased by the United States Enrichment 
Corporation), or pursuant to this Act, who obtains information 
reasonably indicating that such facility or activity or basic component 
supplied to such facility or activity--
            ``(1) contains a defect; or
            ``(2) fails to comply with the Atomic Energy Act of 1954 or 
        any applicable rule, regulation, order, or license of the 
        Commission;
shall immediately notify the Commission of such defect or failure to 
comply if such defect or failure to comply could create a substantial 
safety hazard as defined by the regulations promulgated by the 
Commission, unless such person has actual knowledge that the Commission 
has been informed in writing of such defect or failure to comply.
    ``(b) The Commission may issue such regulations and orders as it 
deems necessary to ensure compliance with this section, including 
regulations and orders requiring any person subject to this section to 
devise and implement procedures to identify, evaluate, and report 
defects and failures to comply subject to the notification requirements 
of subsection (a).
    ``(c)(1) Except as provided in paragraph (2), any person who fails 
to provide a notification required by subsection (a), or who violates 
any regulation or order issued under subsection (b), shall be subject 
to a civil penalty in the same manner and amount as provided for 
violations subject to a civil penalty under section 234 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2282).
    ``(2) An individual who is subject to the requirements of this 
section solely because of employment by a person subject to those 
requirements shall only be assessed a civil penalty for failure to 
provide notice pursuant to subsection (a) if such individual has actual 
knowledge of the reporting requirement imposed by subsection (a) and of 
a defect as provided in subsection (a)(1) or of a failure of compliance 
as provided in subsection (a)(2).
    ``(d) The requirements of this section shall be preeminently posted 
on the business premises of any person who is required to notify the 
Commission of a defect or failure to comply under subsection (a).
    ``(e) The Commission may conduct such reasonable inspections, 
investigations, and other enforcement activities as it deems necessary 
to ensure compliance with the provisions of this section and with any 
regulations and orders issued thereunder.
    ``(f) For purposes of this section, the term `person' has the same 
meaning as in section 11 s. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(s)), except that--
            ``(1) it also includes the Department of Energy with 
        respect to facilities of the Department regulated by the 
        Commission and with respect to any item provided by the 
        Department as a component to a licensee; and
            ``(2) it does not include an individual unless he or she 
        is--
                    ``(A) a sole proprietor or partner of a business 
                that constructs, owns, operates, or supplies a 
                component covered by subsection (a) of this section; or
                    ``(B) a director or responsible officer employed by 
                a person subject to that subsection.
    ``(g) This section shall apply to the United States Enrichment 
Corporation and facilities leased by the Corporation, and to its 
directors and officers, to the same extent as any other person subject 
to this section.''.

SEC. 3. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF RULES, REGULATIONS, 
              ORDERS, OR LICENSING REQUIREMENTS.

    (a) In General.--Section 234 a. of the Atomic Energy Act of 1954 
(42 U.S.C. 2282(a)) is amended to read as follows:
    ``a. Any person who--
            ``(1) violates--
                    ``(A) any licensing provision of section 53, 57, 
                62, 63, 81, 82, 101, 103, 104, 107, or 109, or any 
                rule, regulation, or order issued thereunder;
                    ``(B) the certification provisions of section 1701, 
                or any rule or regulation issued thereunder;
                    ``(C) any term, condition, or limitation of any 
                license or certification issued under any section 
                referred to in subparagraph (A) or (B); or
                    ``(D) any rule, regulation, or order issued under 
                subsection b., i., or o. of section 161; or
            ``(2) commits any violation for which a license may be 
        revoked under section 186;
shall be subject to a civil penalty, to be imposed by the Commission, 
of not to exceed $100,000 for each such violation. If any violation is 
a continuing one, each day of such violation shall constitute a 
separate violation for the purpose of computing the applicable civil 
penalty. The Commission shall have the power to compromise, mitigate, 
or remit such penalties.''.
    (b) Conforming Amendments.--
            (1) The heading of section 234 of the Atomic Energy Act of 
        1954 (42 U.S.C. 2282) is amended to read as follows:
    ``Sec. 234. Civil Monetary Penalties for Violations of Rules, 
Regulations, Orders, or Licensing Requirements.--''.
            (2) The table of contents of the Atomic Energy Act of 1954 
        (42 U.S.C. 2011 prec.) is amended by striking the item relating 
        to section 234 and inserting the following:

``Sec. 234. Civil monetary penalties for violations of rules, 
                            regulations, orders, or licensing 
                            requirements.''.

SEC. 4. ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.

    Section 29 of the Atomic Energy Act of 1954 (42 U.S.C. 2039) is 
amended by striking the last 2 sentences.

SEC. 5. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k)) 
is amended--
            (1) in the 1st complete sentence, by inserting ``and 
        licensees (including employees of contractors of licensees)'' 
        after ``(at any tier)'';
            (2) in the 1st complete sentence, by striking ``owned by or 
        contracted to the United States or being transported to or from 
        such facilities'' and inserting the following: ``owned by or 
        contracted to the United States or licensed by the Commission, 
        or being transported to or from such facilities,'';
            (3) in the 4th complete sentence, by inserting ``or a 
        licensee of the Commission'' after ``or a contractor of the 
        Department of Energy or Nuclear Regulatory Commission''; and
            (4) in the last sentence, by inserting ``and the 
        Commission'' after ``The Secretary''.

SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229 a. of the Atomic Energy Act of 1954 (42 U.S.C. 
2278a(a)) is amended by inserting after ``custody of the Commission'' 
the following: ``or subject to its licensing authority under this Act 
or any other Act''.

SEC. 7. SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE STORAGE 
              FACILITIES UNDER CONSTRUCTION.

    Section 236 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) 
is amended to read as follows:
    ``a. Any person who intentionally and willfully destroys or causes 
physical damage to, or who intentionally and willfully attempts to 
destroy or cause physical damage to--
            ``(1) any production facility or utilization facility 
        licensed under this Act;
            ``(2) any nuclear waste storage facility licensed under 
        this Act;
            ``(3) any production, utilization, or waste storage 
        facility subject to licensing under this Act during its 
        construction where the destruction or damage caused or 
        attempted to be caused could affect public health and safety 
        during the operation of the facility;
            ``(4) any nuclear fuel for a utilization facility licensed 
        under this Act, or any spent nuclear fuel from such a facility; 
        or
            ``(5) any uranium enrichment facility regulated by the 
        Nuclear Regulatory Commission;
shall be fined not more than $10,000 or imprisoned for not more than 10 
years, or both.''.

SEC. 8. ADMINISTRATIVE SEARCH WARRANTS.

    Section 161 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(c)) 
is amended to read as follows:
            ``c. (1) Make such studies and investigations, obtain such 
        information, and hold such meetings or hearings as the 
        Commission may deem necessary or proper to assist it in 
        exercising any authority provided in this Act, or in the 
        administration or enforcement of this Act, or any regulations 
        or orders issued thereunder. For such purposes the Commission 
        is authorized--
                    ``(A) to administer oaths and affirmations;
                    ``(B) by subpoena, to require any person to appear 
                and testify or appear and produce documents, or both, 
                at any designated place;
                    ``(C) to conduct searches without a warrant of the 
                premises of applicants, licensees, and other persons 
                subject to section 206 of the Energy Reorganization Act 
                of 1974 (42 U.S.C. 5846); and
                    ``(D) by judicially approved, administrative search 
                warrant, to enter at reasonable times premises under 
                the control of any person not covered by subparagraph 
                (C) who is subject to the Commission's jurisdiction.
            ``(2) Before a warrant is issued pursuant to paragraph 
        (1)(D), the Commission shall establish that it has a reasonable 
        suspicion that a violation of a Federal statute or a Commission 
        regulatory requirement has been or will be committed. A search 
        pursuant to such a warrant shall be effected only for purposes 
        directly related to the basis for the warrant, and each such 
        search shall be commenced and completed with reasonable 
        promptness.
            ``(3) Witnesses subpoenaed pursuant to paragraph (1)(B) 
        shall be paid the same fees and mileage as are paid witnesses 
        in the district courts of the United States.''.

                                 <all>
```