[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2254 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2254
To amend the Energy Reorganization Act of 1974 to establish an
Independent Nuclear Safety Board, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 30 (legislative day, June 7), 1994
Mr. Biden 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 to establish an
Independent Nuclear Safety Board, 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 ``Independent Nuclear Safety Board Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that there is a great need for--
(1) vigorous investigation of events at facilities, or
involving materials, licensed or otherwise regulated by the
Nuclear Regulatory Commission that could adversely affect
public health or safety; and
(2) continual review and assessment of licensing and other
regulatory practices of the Nuclear Regulatory Commission,
which may result in conclusions critical of the Nuclear
Regulatory Commission or officials of the Commission.
(b) Purpose.--The purpose of this Act is to establish an
Independent Nuclear Safety Board which shall promote nuclear safety
by--
(1) conducting independent investigations of events at
facilities, or involving materials, licensed or otherwise
regulated by the Nuclear Regulatory Commission that could
adversely affect public health or safety;
(2) reviewing and assessing the licensing and other
regulatory practices of the Nuclear Regulatory Commission;
(3) recommending to the Nuclear Regulatory Commission
improvements in licensing and related regulatory practices; and
(4) informing Congress of findings and recommendations of
the Board that result from the investigations referred to in
paragraph (1).
SEC. 3. ESTABLISHMENT OF NUCLEAR SAFETY BOARD.
Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841
et seq.) is amended by adding at the end the following new section:
``SEC. 212. INDEPENDENT NUCLEAR SAFETY BOARD.
``(a) Establishment.--There is established a board to be known as
the `Independent Nuclear Safety Board' (referred to in this section as
the `Board').
``(b) Membership.--
``(1) In general.--The Board shall be composed of 3 members
appointed by the President, by and with the advice and consent
of the Senate, from among respected experts in the field of
commercial nuclear energy with a demonstrated competence and
knowledge relevant to the independent investigative and
prescriptive functions of the Board. Not more than 2 members of
the Board shall be members of the same political party. Not
later than 90 days after the date of enactment of this section,
the President shall submit the nominations for appointment to
the Board.
``(2) Vacancies.--Any vacancy in the membership of the
Board shall be filled in the same manner in which the original
appointment was made.
``(3) Financial interests.--No member of the Board shall--
``(A) have any significant financial relationship
in any firm, company, corporation, or other business
entity that is engaged in an activity regulated by the
Nuclear Regulatory Commission (referred to in this
section as the `Commission') as a licensee or
contractor; or
``(B) have had such a relationship within the 2-
year period preceding the appointment of the member.
``(c) Chairperson.--
``(1) In general.--The Chairperson and Vice Chairperson of
the Board shall be designated by the President. The Chairperson
and Vice Chairperson may be reappointed.
``(2) Functions.--
``(A) In general.--The Chairperson shall be the
chief executive officer of the Board and shall, subject
to such policies as the Board may establish, exercise
the functions of the Board with respect to--
``(i) the appointment and supervision of
personnel employed by the Board;
``(ii) the organization of any
administrative units established by the Board;
and
``(iii) the use and expenditure of funds.
``(B) Delegation.--The Chairperson may delegate any
of the functions under this paragraph to any other
member of the Board or to any appropriate employee or
officer of the Board.
``(3) Vice chairperson.--The Vice Chairperson shall act as
Chairperson in the case of the absence or incapacity of the
Chairperson or in the case of a vacancy in the office of
Chairperson.
``(d) Terms of Members.--
``(1) In general.--Except as provided in paragraph (2),
each member of the Board shall serve for a term of 6 years. A
member of the Board may be reappointed.
``(2) Initial members.--Of the members first appointed to
the Board--
``(A) 1 member shall be appointed for a term of 2
years;
``(B) 1 member shall be appointed for a term of 4
years; and
``(C) 1 member shall be appointed for a term of 6
years;
as designated by the President at the time of appointment.
``(3) Special terms.--Any member appointed to fill a
vacancy occurring before the expiration of the term of office
for which the predecessor of the member was appointed shall be
appointed only for the remainder of the term. A member may
serve after the expiration of the term of the member until a
successor has taken office.
``(4) Removal.--Any member of the Board may be removed by
the President for inefficiency, neglect of duty, or malfeasance
in office.
``(e) Quorum.--Two members of the Board shall constitute a quorum,
but a lesser number may hold hearings.
``(f) Functions and Authorities.--
``(1) Investigations.--
``(A) In general.--
``(i) Investigations by board.--The Board
shall investigate any event at any facility, or
involving any material, licensed or otherwise
regulated by the Commission, that the Board
determines to be significant because the event
could--
``(I) adversely affect public
health or safety; or
``(II) be the precursor of an event
that could adversely affect public
health or safety.
``(ii) Investigations by commission.--The
Board may request the Commission to carry out
an investigation of an event described in
clause (i) and to report the findings of the
Commission to the Board in a timely fashion.
Whenever the Commission concludes such an
investigation, the Board may analyze the
findings of the Commission for the purpose of
making its own conclusions and recommendations.
``(B) Purpose of investigations.--The purpose of a
Board investigation of an event under this paragraph
shall be--
``(i) to ascertain information concerning
the circumstances of the event, and the
implications of the event for public health and
safety;
``(ii) to determine whether the event is
part of a pattern of similar events at 1 or
more facilities, or involving any material,
licensed or otherwise regulated by the
Commission that could--
``(I) adversely affect public
health or safety; or
``(II) be the precursor of an event
that could adversely affect public
health or safety; and
``(iii) to provide such recommendations to
the Commission for changes in licensing, safety
regulations and requirements, and other
regulatory policy as may be prudent or
necessary.
``(2) Analysis of operational data.--For purposes of
carrying out this section, the Board shall have access to and
may systematically analyze--
``(A) operational data from any facility, or
involving any material, licensed or otherwise regulated
by the Commission to determine whether there exist
certain patterns of events that indicate safety
problems; and
``(B) operational data of the Commission including
personnel and files.
``(3) Special studies.--The Board may conduct special
studies pertaining to nuclear safety at any facility, or
involving any material, licensed or otherwise regulated by the
Commission.
``(4) Evaluation of suggestions.--The Board may evaluate
suggestions received from the scientific and industrial
communities, and from the interested public, on specific
measures to improve safety at any facility, or involving any
material, licensed or otherwise regulated by the Commission.
``(5) Recommendations to commission.--
``(A) In general.--The Board shall recommend to the
Commission specific measures that should be adopted to
minimize the likelihood that events will occur at any
facility, or involving any material, licensed or
otherwise regulated by the Commission, that could
adversely affect public health or safety. The
Commission shall respond in writing to the
recommendations of the Board not later than 120 days
after receipt of the recommendations. The written
response shall detail specific measures adopted by the
Commission in response to the recommendations, and
explanations for the inaction of the Commission on
recommendations the Commission chose to reject.
``(B) Submission to congress.--The recommendations
of the Board made pursuant to subparagraph (A) shall be
submitted to Congress.
``(6) Reporting requirements.--
``(A) In general.--For purposes of investigations,
the Board shall establish reporting requirements that
shall be binding on--
``(i) any person who operates, designs,
supplies, maintains, or is otherwise involved
with the operation or construction of, a
facility licensed or otherwise regulated by the
Commission; and
``(ii) any person who processes, stores,
transports, uses, or possesses a material
licensed or otherwise regulated by the
Commission.
``(B) Protected material.--
``(i) Reporting.--The information that the
Board may require to be reported under this
paragraph may include any material designated
as classified material pursuant to the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.), or
any information designated as safeguards
information and protected from disclosure under
section 147 of such Act (42 U.S.C. 2167).
``(ii) Public access.--Information received
by the Board shall be made available to the
public in accordance with the applicable
provisions of subsections (a) and (b) of
section 306 of the Independent Safety Board Act
of 1974 (49 U.S.C. App. 1905).
``(7) Hearings.--
``(A) In general.--The Board or, on the
authorization of the Board, any member of the Board,
may, for the purpose of carrying out this section, hold
such hearings and sit and act at such times and places,
administer such oaths, and require, by subpoena or
otherwise, the attendance and testimony of such
witnesses and the production of such evidence as the
Board or the authorized member determines advisable.
``(B) Subpoenas.--
``(i) In general.--A subpoena may be issued
only under the signature of the Chairperson, or
any member of the Board designated by the
Chairperson, and shall be served by any person
designated by the Chairperson or the member.
The attendance of witnesses and the production
of evidence may be required from any place in
the United States at any designated place of
hearing in the United States.
``(ii) Oaths.--Any member of the Board may
administer an oath or affirmation to a witness
appearing before the Board.
``(iii) Enforcement.--Any person who
willfully neglects or refuses to qualify as a
witness, or to testify, or to produce any
evidence in obedience to any subpoena duly
issued under the authority of this paragraph,
shall be fined not more than $5,000, or
imprisoned for not more than 180 days, or both.
Upon certification by the Chairperson of the
Board of the facts concerning any willful
disobedience by any person to the United States
attorney for any judicial district in which the
person resides or is found, the attorney may
proceed by information for the prosecution of
the person for the offense.
``(8) Reports.--
``(A) In general.--The Board shall issue periodic
reports that shall be made available to Congress, and
to Federal, State, and local government agencies
concerned with safety at a facility, or involving any
material, licensed or otherwise regulated by the
Commission. The reports shall be made available to
other interested persons on request.
``(B) Contents.--Each report shall contain--
``(i) the major findings of the Board
investigations; and
``(ii) recommendations of--
``(I) specific measures to reduce
the likelihood of a recurrence of
nuclear events similar to events
investigated by the Board; and
``(II) corrective steps implemented
or required by the Commission to
enhance or improve safety conditions at
facilities investigated by the Board
and other facilities as considered
appropriate by the Board.
``(9) Staff and consultants.--In accordance with the civil
service laws and regulations, the Chairperson of the Board may
hire staff and employ consultants for the purpose of carrying
out the functions and duties of the Board under this
subsection.
``(10) Events.--As used in this subsection, the term
`event' includes an action or failure to act by any person,
including the Commission as an organization and the staff of
the Commission, or a continuing series of actions or failures
to act by any such person, including operational failures, that
the Board determines have a potentially adverse effect on
public health or safety as described in paragraph (1).
``(g) Transfer of Functions.--There are transferred to the Board--
``(1) all functions of the Office for Analysis and
Evaluation of Operational Data of the Commission relating to
the functions of the Board described in subsection (f); and
``(2) such personnel from the Office for Analysis and
Evaluation of Operational Data as the Director of the Office of
Management and Budget determines are necessary to carry out the
functions described in subsection (f).
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 1995 through 2000.
``(i) Termination.--The Board shall terminate on September 30,
2000.''.
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