[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1166 Introduced in Senate (IS)]

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.

    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 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 a 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) 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; except that 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 subsection 11 s. of the Atomic Energy Act of 1954, except 
that (A) 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 (B) it does not include an individual unless he or she is 
(i) a sole proprietor or partner of a business that constructs, owns, 
operates, or supplies a component covered by subsection (a) of this 
section, or (ii) 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) The heading of section 234 of the Atomic Energy Act of 1954 is 
amended to read as follows: ``civil monetary penalties for violations 
of rules, regulations, orders, or licensing requirements.''.
    (b) The first sentence of subsection a. of section 234 of the 
Atomic Energy Act of 1954 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 of these sections, or 
        (D) any rule, regulation, or order issued under section 161 b., 
        161 i., or 161 o., 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.''.

SEC. 4. ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.

    Section 29 of the Atomic Energy Act of 1954 is amended by deleting 
the last two sentences of that section.

SEC. 5. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    Section 161 k. of the Atomic Energy Act is amended--
            (1) by inserting ``and licensees (including employees of 
        contractors of licensees)'' after ``(at any tier)'',
            (2) by striking ``owned by or contracted to the United 
        States or being transported to or from such facilities'' and 
        inserting ``owned by or contracted to the United States or 
        licensed by the Commission, or being transported to or from 
        such facilities,'',
            (3) by inserting ``or a license of the Commission'' after 
        ``or a contractor of the Department of Energy or Nuclear 
        Regulatory Commission'', and
            (4) 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 is amended by 
adding after ``custody of the Commission'' the words ``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 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; or
            ``(4) any nuclear fuel for a utilization facility licensed 
        under this Act, or any spent nuclear fuel from such a facility;
shall be fined not more than $10,000 or imprisoned for not more than 
ten years of both.''.

SEC. 8. ADMINISTRATIVE SEARCH WARRANTS.

    Section 161 c. of the Atomic Energy Act of 1954 is amended to read 
as follows:
            ``(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; 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 subparagraph 
        (D) of paragraph (1), the Commission must 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 subparagraph (B) of 
        paragraph (1) shall be paid the same fees and mileage as are 
        paid witnesses in the district courts of the United States.''.

SEC. 9. AMENDMENTS TO TABLE OF CONTENTS.

    The Table of Contents of the Atomic Energy Act of 1954 is amended 
by striking ``Sec. 234. Civil Monetary Penalties for Violations of 
Licensing Requirements'' and inserting in lieu thereof ``Sec. 234. 
Civil Monetary Penalties for Violations of Rules, Regulations, Orders, 
or Licensing Requirements''.

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