ML20149F496
| ML20149F496 | |
| Person / Time | |
|---|---|
| Issue date: | 01/15/1987 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Bush G HOUSE OF REP. |
| References | |
| NUDOCS 8801140260 | |
| Download: ML20149F496 (7) | |
Text
. _ _ _ -
!e m ats
'o, UNITFD STATES NUCLE AR REGULATORY COMMISSION
- E W ASHINGToN. D. C, 20565 a e .
%...../ g a.s CHAIRMAN January 15, 1987 j The Honorable George H. W. Bush President of the United States Senate Washington, D.C. 20510
Dear Mr. President:
Enclosed is a Nuclear Regulatory Comission legislative proposal in the form of a draft bill to amend Section 229.a. of the Atomic Energy Act of 1954, as amended. The purpose of this proposal is to make it a federal crime for a person without authorization to carry, transoort, or otherwise introduce or cause to be introduced any dangerous weapon, explosive, or other dangerous instrument into any facility, installation or real property regulated by the Comission. In 1985 there were twelve reported incidents in which unauthorized firearms were brought into protected areas of licensed nuclear facilities.
It is already a crime to possess or introduce weapons without authorization at Department of Energy owned nuclear facilities. We believe similar sanctions should be applicable to those who engage in such conduct at NRC regLlated sites.
A draft bill (Enclosure 1), an analysis of the draft (Enclosure 2),
comparative text (Enclosure 3), and a memorandum explaining in greater detail the need for the legislation (Enclosure 4) are provided.
Sincerely, A&do W. d \,
Lando W. Zech r.
Enclosures:
- 1. Draft Bill
- 2. Analysis of the Draft
- 3. Comparative Text
4 i
n ENCLOSURE 1 "
DRAFT BILL To amend the Atomic Energy Act of 1954 to make it a federal crime to carry or otherwise introduce or cause to be introduced any dangerous weapon or other dangerous instrumentality onto ,
sites regulated by the Nuclear Regulatory Commission. '
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, that: f i
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." i 4
r i
[
f 1
f I
i i
i' t i
ENCLOSURE 2 SECTION ANALYSIS The purpose of this amendment is to authorize the Nuclear Regulatory Commission to promulgate regulations which would prohibit a person who has not obtained prior authorization to i carry, transport, or otherwise introduce or cause to be introduced any dangerous weapon, explosive, or other dangerous instrumentality into any facility, installation or real property regulated by the Commission. Violation of the regulation would constitute a federal crime punishable by a $5000 fine, imprisonment for not more than one year, or both.
The Commission in promulgating implementing regulations would be authorized to determine the scope of the prohibition.
It would be the Commission's intent to limit the applicability of the regulations to those licensed nuclear facilities and naterials which must be protected against theft or radiological sabotage.
l l
T ENCLOSURE 3 COMPARATIVE TEXT The amended section 229.a. of the Atomic Energy Act of'1954, as amended, would read as follows:
The Commission is authorized to issue regulations relating to the entry upon or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, into or upon any facility, installation, or real property subject to the jurisdiction, administration, or in the custody of tiie Commission or subject to its licensing authority under this Act or any other Act. Every such regulation of the Commission shall be posted conspicuously at the location involved.
i i
l l
l 1
i 1
l l'
I
m 4
ENCLOSURE 4 LEGISLATIVE MEMORANDUM IN SUPPORT OF PROPOSED BILL In recent years there have been an increasing number of reported incidents where persons without authorization have brought firearms into protected areas of NRC regulated sites.
There were, for example, twelve such incidents in 1985.
The Commission's current authority to prevent unauthorized entry of weapons and explosives at licensed sites is limited. It can and does impose sanctions against licensees for pernitting unauthorized weapons or other dangerous instruments to enter the site. However, there is no federal law permitting the imposition of criminal sanctions against the person responsible for bringing the weapon or other dangerous instrument to the site.
Section 229.a. which was added to the Atomic Energy Act in 1956, authorized the NRC's predecessor agency, the Atomic Energy Commission, to promulgate regulations relating to the introduction of weapons or other dangerous instruments to facilities subject to the administration, jurisdiction, or in the custody of the commission. This covers real property in which title is in the United States or property which is leased by the United States for the use of the Commission. The legislative i history of the Act makes clear that the authority is not intended to extend to "contractor-owned property...[or to] residential or commercial land sites, but only at sites which are directly
Tr0 1
i 2
employed by the Commission in the atomic energy program." Senate Report No. 2530, 84th Cong. 2d Sess (1956 U.S. Code Congressional and Administrative News, vol. 3, pp. 4427-28).
Because of the potential danger to the public health and safety from nuclear theft or radiological sabotage that could result from the unauthorized introduction of weapons or other dangerous instruments to NRC regulated sites, the commission is proposing that legislation be enacted permitting the Commission to promulgate regulations prohibiting the unauthorized introduction of weapons into NRC regulated sites. Violation of the regulations would constitute a federal crime which could result in sanctions of a fiite not to exceed $5000 or imprisonment for a year, or both. Such legislation would assist our licensees in their efforts to safeguard licensed nuclear facilities and materials which must be protected against nuclear theft or radiological sabotage.
The proposed legislation is consistent with the national po). icy of maintaining comparable safeguards for similar nuclear materials and facilities in the public and private sectors. In
< this regard, NRC imposes safeguards requirements on its licensees that are comparable to those in effect at Department of Energy nuclear facilities. The Energy Reorganization Act of 1974, which abolished the Atomic Energy Act, divided that agency's functions between the NRC and what is now the Department of Energy. All of
? 1
(,
- a .
b<
r
's 4 ..
3 the AEC_ owned facilities were transferred'to.the Department of Energy. Accordingly, the. DOE facilities are covered'by the current section229(a), but the NRC regulated-facilities are not.-
-Legislation would pernit' greater safeguards comparability.
1 r
l l-
= , -, , . ,, ,, .
- . - . . .. -