[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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S 2254 IS----2