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 pur-
poses.
Be it enacted by the Senate and House of Representa-
tives 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, op-
erating, or supplying a component of any facility or activ-
ity which is licensed or otherwise regulated by the Com-
mission pursuant to the Atomic Energy Act of 1954 (in-
cluding any facility leased by the United States Enrich-
ment Corporation), or pursuant to this Act, who obtains
information reasonably indicating that such facility or ac-
tivity or basic component supplied to such facility or activ-
ity—
‘‘(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 regu-
lations promulgated by the Commission, unless such per-
son 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 per-
son who fails to provide a notification required by sub-
section (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 report-
ing requirement imposed by subsection (a) and of a defect
as provided in subsection (a)(1) or of a failure of compli-
ance as provided in subsection (a)(2).
‘‘(d) The requirements of this section shall be pre-
eminently 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 activi-
ties as it deems necessary to ensure compliance with the
provisions of this section and with any regulations and or-
ders 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 regu-
lated 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 busi-
ness that constructs, owns, operates, or supplies
a component covered by subsection (a) of this
section; or
‘‘(B) a director or responsible officer em-
ployed by a person subject to that subsection.
‘‘(g) This section shall apply to the United States En-
richment Corporation and facilities leased by the Corpora-
tion, 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 LICENS-
ING REQUIREMENTS.
(a) IN GENERAL.—Section 234 a. of the Atomic En-
ergy 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 there-
under;
‘‘(B) the certification provisions of section
1701, or any rule or regulation issued there-
under;
‘‘(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 vio-
lation. 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 VIO-
LATIONS OF RULES, REGULATIONS, ORDERS, OR LICENS-
ING 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 insert-
ing 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 EMPLOY-
EES.
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 in-
serting 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 con-
tractor 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 licens-
ing authority under this Act or any other Act’’.
SEC. 7. SABOTAGE OF PRODUCTION, UTILIZATION, OR
WASTE STORAGE FACILITIES UNDER CON-
STRUCTION.
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 de-
stroys or causes physical damage to, or who intentionally
and willfully attempts to destroy or cause physical damage
to—
‘‘(1) any production facility or utilization facil-
ity licensed under this Act;
‘‘(2) any nuclear waste storage facility licensed
under this Act;
‘‘(3) any production, utilization, or waste stor-
age facility subject to licensing under this Act dur-
ing its construction where the destruction or damage
caused or attempted to be caused could affect public
health and safety during the operation of the facil-
ity;
‘‘(4) any nuclear fuel for a utilization facility li-
censed 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 pro-
vided in this Act, or in the administration or en-
forcement of this Act, or any regulations or orders
issued thereunder. For such purposes the Commis-
sion is authorized—
‘‘(A) to administer oaths and affirmations;
‘‘(B) by subpoena, to require any person to
appear and testify or appear and produce docu-
ments, or both, at any designated place;
‘‘(C) to conduct searches without a war-
rant 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 re-
quirement 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 war-
rant, and each such search shall be commenced and
completed with reasonable promptness.
‘‘(3) Witnesses subpoenaed pursuant to para-
graph (1)(B) shall be paid the same fees and mile-
age as are paid witnesses in the district courts of the
United States.’’.
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