ML20216B379

Forwards NRC Legislative Proposals in Form of Omnibus Draft Bill That Would Make Changes to AEA of 1954 & ERA of 1974. Commission Believes That Enactment of First Three Proposals Would Enhance Nuclear Safety & Physical Security

ML20216B379
Person / Time
Issue date:	08/18/1997
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Gingrich N, Gore A HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE
References
CCS, NUDOCS 9709080030
Download: ML20216B379 (25)

Text

• % UNITED STATES

' */ t NUCLEAR REGULA) CRY COMMISSION o

O g'* j wasmotos t. t rmwan

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CHAIRMAN August 18, 1997 .

The Honorable Albert Gore President of the United States Senate Washington, D.C. 20510

Dear Mr. President:

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I am enclosing the Nuclear Regulatory Commission's (NRC) legislative proposals in the form l

of an omnibus draft bill that would make a number of changes to the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974. Specifically, this legislation would accomplish the following objectives: (1) authorize guards to carry firearms at NRC-licensed facilities where there are special nuclear maicrials present; (2) make unauthorized i

introduction of weapons at facilities subject to licensing or certification by the NRC a Federal crime; (3) make it a Federal crime to sabotage a production, utilization, waste storage, waste l

l treatment, or waste disposal, uranium enrichment or nuclear fuel fabrication facility dunng i's construction, if the action could jeopardize public health and safety, or to sabotage a uranium enrichment or nuclear fuel fabrication facility during its operstion; (4) allow a Commissioner whose term has expired to continue in office for a limited period of time if a successor has not been confirmed; (5) provide the NRC with general gift acceptance authority; and (6) eliminate the requirement that the NRC maintain an office for the services of process and papers within the District of Columbia.

The Commission believes that enactment of the first three proposals would enhance nuclear safety and physical security. The remaining proposals are intended to increase the agency's efficiency and enhance the economic use of NRC resources. A draft bill (Enclosure 1), an analysis of its provisions (Enclosure 2), a comparative text (Enclosure 3), and a

• memorandum explaining the need for the legislation (Enclosure 4) are provided.

The Office of Management .)d Budget has t.dvised that there is no objection to trans,. Jsion y

1 of t'his draft bill to the Congress. $ ". s Sincerely,

\

b [. U j -) d '

Shiriey Ann Jackson Q-9 l

Enclosures:

1. Draft Bill

2. Analysis of Proposal

3. Comparative Text

4. Legislative Memorandum 9709080030 970818 PDR COMMS NRCC IllillIliltllll110llli l

CORRESPONDENCE PDR l o

/:. o ,% UNITED STATES

. /" NUCLEAR REGULATORY COMMISSION

,, / 'g wAsmwotoN. o.c. mstaoot g, g August 18, 1997

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CHAmMAN The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, D.C. 20515 Dear Mr. Speaker; I am enclosing the Nuclear Regulatory Commission's (NRC) legislative proposals in the form of an omnibus draft bill that would make a number of changes to the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974. Specifically, this legislation would accomplish the following objectives: (1) authorize guards to carry firearms at NRC licensed facilities where there are special nuclear materials present; (2) make unauthorized introduction of weapons at facilities subject to licensing or certification by the NRC a Federal crime; (3) make it a Federal enme to sabotage a production, utilization, waste storage, waste treatment, or waste disposal, uranium enrichment or nuclear fuel fabrication facility during its l construction, if the action could jeopardize public health and safety, or to sabotage a uranium enrichment or nuclear fuel fabrication facility during its operation; (4) allow a Commissioner whose term has expired to continue in office for a limited period of time if a successor has not been confirmed; (5) provide the NRC with general gift acceptance authonty; and (6) eliminate the requirement that the NRC maintain an office for the services of process and papers within the District of Columbia.

The Commission believes that enactment of the first three proposals would enhance nuclear f safety and physical security. The remaining proposals are intended to increase the agency's efficiency and enhance the economic use of NRC resources. A draft bill (Enclosure 1), an analysis of its provisions (Enclosure 2), a comparative text (Enclosure 3), and a memorandum explaining the need for the legislation (Enclosure 4) are provided.

The Office of Management and Budget has advised that there is no objection to transmission J of this draft bill to the Congress. %  % .. g Sincerely, )

h.-. - ' f j Shirley Ann Jackson

Enclosures:

1. Draft Bill

2. Analysis of Proposal

3. Comparative Text

4. Legislative Memorandum

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Enclosure 1 DP. AFT BILL Be it enacted by the Senate and House of Representatives of the United States of_ America in Congress assenbled, that this Act may be cited as the " Atomic Energy Act Amendments of 1997".

SECTION 2. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.C.

2201(k))-is amended to read as follows:

"SEC. 161. GENERAL PROVISIONS. -- In the performance of its functions the Commission is-authorized to --

"k. authorize such of its members, officers, and employees as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also authorize--

"(1) such of those employees of its contractors and subcontractors (at any tier) engaged in the protection of property under the jurisdiction of the United States located at f a':ilities owned by or contracted to the United States or being transported to or from such facilities as it deems

'.. .s. .

necessary in the interests of the common defense and security; and

" (2) such of those employees of persons licensed or certified by the commission (including employees of contractors of licensees or certificate holders) engaged in the protection of property of significance to the common

. defense and security located at facilities owned or

. 2-operated by a Commission licensee or certificate holder or being transported to or from such facilities; to carry firearms while in the discharge of their official duties. A person authorized to carry firearms under this subsection may, while in the perforn.ance of, and in connection with, official duties, make arrests without warrant for any offense against the United States committed in that person's presence or for any felony cognizable under the laws of the United States if tnot person has reasonable grounds to believe that the individual to be arrested has committed or is committing such felony. An employee of a contractor or subcontractor or of a Commir.sion licensee or certificate holder (or a contractor of a licensee or certificate holder) authorized to carry firearms under this subsection may make such arrests only when the individual to be arrested is within, or in direct flight from, l

the area of such offense, A person granted authority to make arrests by this subsection may exercise that authority only in the enforcement of (1) laws regarding the property of the United States in the custody of the Department of Energy, the Nuclear Regulatory Commiss.'on, or a cottractor of the Department or Energy or Nuclear Regulatory Commission or a licensee or certificate holder of the Commission, or (2) laws applicable to property of significance to the common defense and security that is in the custody of a licensee or certificate holder or a l l

contractor of a licensee or cer*.ificate holder of the Commission, or (3) any provision of this chapter that may subject an offender r .o . . . . . . . . _ . _ .

to a fine, imprisonment, or both. The arrest authority conferred by this subsection is in addition to any arrest authority under other laws. The Secretary and the Commission, with the approval of the Attorney General, shall issue guidelines to implement this subsection."

SECTION 3. UNAUTHCRIZED INTRODUCTION OF DANGEROUS WEAPONS.

Section 229 P.. of the Atomic Energy Act of 1954 (42 U.S.C. .

2278a(a)) is amended by adding after " custody of the Commission" the words "or subject to its licensing authority or to certification by the Commission under this Act or any other Act."

SECTION 4. SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE STORAGE FACILITIES UNDER CONSTRUCTION.

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 intenti'onally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to--

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"(1) any production facility or utilization facility licensed under this Act;

" (2) any nuclear waste storage, treatment or disposal facility licensed under this Act;

" (3) any uranium enrichment or nuclear fuel fabrication facility licensed or certified by the Nuclear Regulatory Commission; I

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" (4 ) any production, utilization, waste storage, l waste treatment, or waste disposal, uranium enrichment or nuclear fuel fabrication facility subject to l licensing or certification under this Act during its l

l construction where the destruction or damage caused or attempted to be caused could affect public health and I safety during the operation of the facility; or

" (5) 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 or both."

SECTION 5. CONTINUATION OF COMMISSIONER SERVICE.

Section 201(c) of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 (c) ) is amended --

(1) by inserting " (1) " af ter " (c) ", and (2) by adding the following paragraph af ter paragraph (1)

F . (as so designafad) : T

" (2) A member of the Commission whose-term of office has expired may, subject to the removal power of the President, continue.to serve as a member until the member's successor has taken office, except that the member shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of the fixed term of office."

k.

5-SECTION 6. GIFT ACCEPTANCE AUTHORITY.

Section 161 g. of the Atomic Energy Act of 1954 (4 2 U.S .C.

2201 (g) ) is amended --

(1) by inserting " (1)" after "g.", and f l

(2) by adding the following paragraph af ter paragraph (1)

(as so designated) :

" (2) to accept, hold, utilize, sell, and administer gifts, bequests, or donations of real and personal property for the purpose of aiding or facilitating the work of the Nuclear Regulatory Commission. There is established in the Treasury a fund for use in accordance with the provisions of this paragraph. Any gift of money accepted pursuant to the authority granted in this paragraph, or the net proceeds from the sale of any property so accepted, shall be deposited in the fund. Such funds shall be held in trust by the Secretary of the Treasury, and shall be disbursed upon certification by the Chairman of the Nuclear Regulatory Commission. Property accepted pursuant to this paragraph, andtheproceeq1.thereof,shali}>eusedasnearlyas - .y possible in accordance with the terms of the gift or bequest, provided that such terms are not inconsistent with this or any other applicable law. The Commission shall establish written criteria for determining whether to accept bequests, gifts, or donations of money or property pursuant to this paragraph. Such criteria shall take into consideration whether the acceptance of the bequest, gift,

or donation would compromise the integrity of, or the I appearance of the integrity of, the Nuclear Regulatory 1

Commission or any officer or employee of the Commission.

For purposes of Federal income, estate, and gift taxes, property accepted under this paragraph shall be considered as a gift. bequest, or devise-to the United States."

SECTION 7. OFFICE LOCATION.

Section 23 of-the Atomic Energy Act of 1954 (42 U.S.C. 2033)

-is amended by striking "; however, the Commission shall maintain an office for the service of process and papers within the-District of Columbia".

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Enclosure 2 SECTION ANALYSIS SECTION 2. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES, The purpose of this amendment is to permit guards at those NRC-licensed or certified facilities where there are special nuclear materials present and guards transporting such materials to carry weapons and to use them, where necessary to prevent theft of materials capable of being used for nuclear explosives.

Guards at DOE facilities and DOE guards transporting special nuclear materials already possess this authority. The amendment would provide identical authority to guards at a limited number of NRC-licensed or certified facilities to be designated by the Commission.

In circumstances defined by NRC regulations and guidelines, the amendment would also shield against prosecution by state

. authorities for discharge of firearms in the performance of official duties.

T'. .s should r emove from licensee guards ar

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, ^L reluctance to use their weapons in such circumstances in defending facilities or transports containing strategic attack.

quantities of special nuclear materials against SECTION 3. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

l The purpose of this amendment is to authorize the Nuclear Regulatory Commission to promulgate regulations that would

9 prohibit a person who has not obtained prior authorization from carrying, transporting, or otherwise introducing or causing to be introduced any weapon, explosive, or other dangerous instrumentality into any facility, installation, or real property regulated by the Commission or subject to certification 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 bo'N.

The Commission's it.plementing regulations would determine the scope of-the prohibition. It is the Commission's intent to limit the applicability of the implementing regulations to nuclear facilities and materials that must be protected against theft or radiological sabotage.

i SECTION 4, SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE FACILITIES UNDER CONSTRUCTION j The purpose of this amendment is to extend Federal criminal

! sanctions to sabotage or attempted sabotage of (1) production, utilization, or waste storage, treatment, disposal, uranium ehrichment or nuclear fuei,fabricaton faci,lities during their .

L construction, and (2) uranium enrichment and nuclear fuel fabrication facilities during their operations. With respect to (1),

sabotage during construction of facilities listed in clause only acts that potentially affect the public health and safety during operation of the facility will be subject to Federal criminal sanctions.

3 SECTION 5. CONTINUATION OF COMMISSIONER SERVICE, subject to the removal power of the President, this amendment of section 201 of the Energy Reorganization Act of 1974 would allow a Commissioner to continue in office until whichever of the following occurs first: (a) his or her successor has taken office,-or (b) the expiration of the next session of Congress subsequent to the expiration of the member's fixed term of office. The provision will enable the Commission to maintain a quorum for a significant period of time, even when no succe.sor has been appointed for three Commissioners whose terms have expired and who have not been renominated.

SECTION 6. GIFT ACCEPTANCE AUTHORITY .

This amendment of section 161 g. of the Atomic Energy Act of 1954 would authorize the Commission to accept gifts, bequests, or devises of real and personal property. Any money received would be deposited in a separate fund in the United States Treasury to ha disbutsed upon certification by the Commission Chairman. Che Cqmmission would establish written criteria for determining '

whether to accept such bequests, gifts, or donations.

SECTION  ?. OFFICE LOCATION,

_This amendment of section 23 of the Atomic Energy Act o f

w. intain 1954 would eliminate the requirement that the Commission an office for the service of process and papers within the District of Columbia. Process would be served at the Commission's headquarters in Rockville, Maryland.

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Enclosure 3 COMPARATIVE TEXT SECTION 2 The amended section 161 k. of the Atomic Energy Act of 1954 would read as follows:

"SEC. 161. GENERAL' PROVISIONS. -- In the performance of its function the Commission is authorized to --

ak, authorize auch of its members, officers, and employees as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also authorize--

"111 such of those employees of its contractors and subcontractors (at any tier) engaged in the protection of property under the jurisdiction of the United States located at facilities owned by or contracted to the United States or deems being transported to or from such facilities as it necessary in the interests of the common defense and security: and-

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"(2) such of those emolovees of cersons licensed or certified by the Commission (includina emolovees of contractors of licensees or certificate holders) enaaced in the orotection of orecerty of sianificance to the common defense and steurity located at facilities owned or coerated by a Commission licensee or certificate holder or beina transoorted to or from such facilities:

2-to carry firearms while in the discharge of their official ,

duties. A person authorized to carry firearms under this subsection may, while in the performance of, and in connection with, official duties, make arrests without warrant for any offense against the United States committed in that person's presence or for any felony cognizable under the laws of the United States if that person has reasonable grounds to believe that the individual to be arrested has committed or is committing such felony. An employee of a contractor or subcontractor or o:

a commission licensee or certificate holder (or a contractor of a licensee or certificate holder) authorized to carry firearms under this subsection may make such arrests only when the it.dividual to be arrested is within, or in direct flight from, the area of such offense. A person granted authority to make arrests by this subsection may exercise that authority only.in the enforcement of (1) laws regarding the property of the United States in the custody of the Department of Energy, the Nuclear of Regulatory Commission, or a contractor of the Department Energy or Nuclear T' ,ulatory Commisrion or a IL ensee or -q certificate holder of the Commission, or (2) laws acolicable to oronerty of sionificance to the common defense and security that is in the custody of a licensee or certificate holder or a contractor of a licensee or certificgte holder of the commission, or (G1) any provision of this chapter that may subject an The arrest authority offender _to a fine, imprisonment, or both.

conferred by this subsection is in addition to any arrest

authority under other laws. The Secretary and the Commission, with the approval of the Attorney General, shall issae guidelines c.o implement this subsection."

SECTION 3 The amended section 229 a. of tb Atomic Energy Act of 1954  %

would read as follows:

-- 5 "SEC. 229. TRESPASS UPON COMMISSION INSTALLATIONS.

"a. The Commission is authorized to issue regulations r relating to the entry upon or carrying, transporting, i

or otherwise introducing, or causing .o be introduced, l 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 subiect to the jurisdiction, administration, or in the custody of the Commission or subieet to its licensina authoritv or to certification by the Commission under this Act ox

% anv other ' t. Every such regulation of the Commiss. n 3

e t  % 4 shall be posted conspicuously at the location involved."

SECTION 4 The amended section 236 a. of the Atomic Energy Act of 1954 oculd read as follows:

"Sec. 236. ShBOTAGE OF . NUCLEAR F;;'ILITIES LT FUEL.--

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"a. Any person wh9 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 j facility licensed under this Act; L " (2) any nuclear waste storage, treatment or i discostl facility licensed under this Act; ee L "4++ ( 3 ) any uranium enrichment or nuclear fuel fabrication facility licensed or certified by the-Nuclear Regulatory Commission;

" (4 ) any eroduction, utilization. waste storace, waste treatment. waste diseosal, uranium enrichment or nuclear in.el fabrication facility subiect-to licensine or certification under this Act durine its construction where the destruction or damace caused or attemoted to be caused could affect oublic health and safety durino the coeration of the facility?-SI ,

l "4M (5) - arr nuclear fuel for eweh a utilization

-facility lice..rgd.c under thfs Act.: or-any spent fuel ,

from suchla facility;.QI shall be fined not more than $10,000 or imprisoned for.not more than ten years, or both."

SECTION 5 The amended section 201(c) of the Energy Reorganization Act of 1974 would read as follows:

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" (c)lll Each member shall serve for a term of five years, each such term to commence on July 1, except that of the five members first appointed to the Commission, one shall serve for one year, one for two years, one for three years, one for four years, and one for five years, to be designated by the President at the time of appointment; and except that any member appointed to fill a vacancy occurring prio'r to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term. For the purpose of determining the expiration date of l

' the terms of office of the five members first appointed to the Nuclear Regulatory Commission, each such term "shall" be

! deemed to have begun July 1, 1975.

" (2 ) A member of the Commission whose term of office has exoired mav, subiect to the removal cower of ths, President, continue to serve as a member until the member's successor har taken office. exceot that he shall not continue to serve bevond the exoiration of the next session of Conaress a

g subsecuent _o thy -

egoiration of the fixed term of offit. - a, SECTION 6 The amended section 161 g. of the Atomic Energy Act of 1954 would read as follows:

"g. 111 acquire, purchase, lease, and hold real and personal property, including patents, as agent of and on behalf of the United States, subject to the provisions of i

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section 174, and to sell, lease, grant, and dispose of such j l

real and personal property as provided in this Act n l l

"(2) to acceot, hold, utilize, sell, and administer cifts, becuests, or donations of real and personal crecerty for the ourcose of aidine or facilitatina the work of the Nuclear Reculatory Commission. There is established in the Treasury a fund for use in accordance with the orovisions of this caracraoh. Any cift of monev accepted oursuant to the authority oranted in this caracraoh, or the net crocee?s from the sale of any orocerty so accented, shall be deoosited in the fund. Such funds shall be held in trust by the Secretarv of the Treasury, and shall be disbursed uoora certification by the chairman of the Nuclear Reculatorv Commission. Procerty accepted oursuant to this caracrach, and the croceeds thereof, shall be used as nearly as cessible in accordance with the terms of the aift or becuest, provided that such terms are not inconsistent with this or any other acclicable law. The Commission shall t establish written cr{teria for deterginine whether to a _eot S becuests, cifts, or donations of monev,or crocerty oursuant to this caracraoh. Such criteria shall take into consideration _whether the acceotance of the becuest or cift would comor_qm_ig_A '.n;ecrity of, or the aonenrance of the intearitv of, the Nuclear Reculatterv Commission or anv officer or emolovee of the Commission. For ourcoses of Federal income, estate, and cift taxes, orocerty acceoted

7 under this caracraoh shall be considered as a cift. becuest, or' devise to the United States."

SECTION 7-The amended section 23 of the Atomic Energy Act of 1954 Would read as follows:

"SEC. 23. OFFICE.--The principal nffice of the Commission i

shall be in or near the District of Columbia, but the Commission i

i l< or any duly authorized representative may exercise any or all of its powers'in any place, hou:ver, the C rmi;;ien ch:11 ::intain an offic for th: : rvic: of pr:-:::: and p pers within th:

l Di trict of C 1umbia."

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Enclosure 4 I'

LEGISLATIVE MEMORANDUM IN-SUPPORT OF PROPOSED BILL SECTION 2. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES Section 161 k. of the Atomic Energy Act permits Department of Energy (DOE) security forces at nuclear facilities to carry arms, make arrests, and use force as necessary to prevent theft of strategic nuclear materials where the theft poses an immediate

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threat of harm to the public. As a result of this section, DOE guards are shielded from State criminal prosecution for actions i a

taken during the. performance of their official duties.

In contrast, State law governs the use of weapons by guards at NRC-licensed facilities at which strategic nuclear materials are-present. In some States, guards at NRC-licensed facilities may use weapons only to protect their own lives or the lives of others, and may not use weapons to prevent the theft of weapons grade materials. These guards, unlike the guards at DOE facilities and DOE guards' transporting special nuclear materials, are not shielded from State cgiminal prosecution for actions taken during the performance'offofficial duties. The purpose of this legislation is to give guards at NRC-licensed or certified facilities designated by the Commission equivalent authority to that provided for guards at DOE facilities.

The proposed amendment would enhance national securitv by

__ eliminating several weaknesses in the current safeguards regime.

For example,- licensee guards,- knowing that they could be subject

' to State criminal prosecution if they use their weapons, may hesitate to act to prevent theft or sabotage of weapons grade material when force is required to stop the theft. Additionally, without being able to use appropriate force, licensee guards may hesitate to expose themselves to danger.

The facilities to which the NRC seeks to extend section 161 k. protection are entities that currently possess or in the future will possess special nuclear materials of significance to the common defense and security, particularly

! formula quantities of strategic special nuclear materials that could be used in an improvised nuclear weapon. Such facilities will be separately designated by the Commission following the enactment of this legislation.

The proposed amendment would also fulfill the national goal, first expressed in 1974, of maintaining fully adequate and essentially equivalent safeguards systems for weapons-usable materials in the licensed and licanse-exempt sectors. This is one area in which the NRC and DOE safeguards lack comparability.

-y SECTION 3. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

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.

The Commission's current authority to prevent unauthorized weapons or other dangerous instruments to enter the site is limited. -Although the NRC may impose sanctions against the

c licensee for violations of its security regulations, 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.

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 it to promulgatu regulations prohibiting the unauthorized introduction of weapons into'NRC regulated sites. Violation of the regulations would constitute. a Federal crime, which (under section 229 c. of the-Atomic Energy Act) could result in a fine or imprisonment, or both. Such legislation would assist our licensees in their efforts to safeguard licensed nuclear facilities and materials that must be protected against nuclear thef t or radiological sabotage.

Facilities subject to certification by the Commission have

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been added to;the 37pvision. This-refers principally to the U S3,q Enrichment Corporation.

SECTION 4. SABOTAGE OF-PRODUCTION, UTILIZATION, OR WASTEJ STORAGE FACILITIES.

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The proposed amendment would modify Section 236 of the Atomic Energy Act of 1954 to provide criminal sanctions for sabotage or_ attempted sabotage of a production, utilization, waste storage, waste treatment waste disposal, uranium

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4 enrichment ur nuclear fuel fabrication facility, during its construction where the action could affect public health and safety during the operation of the facility. The amendment would also extend section 236 coverage to all nuclear fuel fabrication facilities licensed or certified by the Commission.

Section 236, which makes sabotage or attempted sabotage of production or utilization facilities a Fedcral crime, was enacted in 1980, in response to a sabotage incident at the Surry nuclear reaccor in Virginia. While the language of the present Section 236 could arguably be read to includc plants which have l

been granted construction permits by the Commission, the legislative history strongly suggests that sabotage during the construction phase is not covered by the section.

The need for this legislation is illustrated by an incident which was discovered in 1984 at a plant under construction.

There a bag containing some parts was found inside a pipe which had been welded closed after it had undergone several pre-welding checks. While this incident was determined to be negligence F rather than sabocage; it demonstrated that an act of sabocc uj during construction could potentially have an adverse affect on public health and safety. Sabotage during the later stages of construction, particularly during pre-operational testing, is of special concern because of the possibility that it might not be discovered prior to operation since most of the inspections which could have led to the discovery of the sabotage would have already taken place. Thus, the Commission believes that enacting M

criminal sanctions to help deter such sabotage is warranted to protect more adequately the public health and safety.

SECTION 5. CONTINUATION OF COMMISSIONER SERVICE.

Section 201 of the Energy Reorganization Act provides for l

l the establishment of the Nuclear Regulatory Commission as an independent regulatory agency composed of five members who are appointed by the President, by and with the advice and consent of the Senate, for a term of five years. A quorum for the transaction of business by Commission members consists of three members. There is no provision in the Act for the conduct of business by Commission members in the situation where the Commission consists of less than three members.

At times, this has left the Commission without a quorum.

This occurred most recently during the period July 1, 1995-to February'14, 1996, when only two Commissioners were in place at the Nuclear Regulatory Commission. While the agency was able to conduct business during this period, the situation is awkward and it is contrary to u.;G? legislative detgrmination that the aget.qy .

should be headed by a collegiate body. By way of: contrast, most independent agencies' organic legislation contains a carry-over service provision that usually has the effect of permitting the continuation ofia quorum, even when there is a hiatus in time between the-termination.of members' appointment periods and.their reappointment or the appointment of new members.

...__]

6-Though the amendment of-section 201 to permit members whose term of office has been completed to serve for a limited period would not ensure a quorum, it would have that effect in most instances. It has been the experience of the agency that the situation of lack of a quorum usually results from the inability to have successor Commissioners appointed immediately upon the expiration of the prior Commissioners' terms. The problem would be solved in most instances by a provision that would allow Commissioners to continue to serve until (a) their successors l

have taken office, or (b) if earlier, the expiration of the next session of Congress subsequent to the expiration of the fixed term of office of the Commissioner. A holdover member could be removed at the President's discretion.

SECTION 6. GIFT ACCEPTANCE AUTHORITY.

From time-to-time, various non-Governmental sources have offered the Nuclear Regulatory Commission gifts of personal property that would-facilitate the work of the Commission. Such offers have inca.ded)A f dr example, provision of expensive -$

technical publications dealing with nuclear power plant technology; provision of specialized training for NRC employees; provision of nuclear power plant equipment samples for the purpose of educating NRC employees about their properties and uses; provision of electronic equipment to facilitate exchange of

-information with non-Governmental parties who deal with the NRC.

In some cases, the donor places only a modest value on the

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_ property offered, but-in others the value placed on the property is high..

The acceptance of these types of offers can be of considerable benefit'to the Commission. .However, the Atomic

Energy Act does not expressly _ authorize the Nuclear Regulatory Commission to accept gifts-of property. This is in contrast to l- the broad spectrum of' Federal agencies that have such statutory

-authority, including independent regulatory ageacies such as the l

Federal Communications Commission and the Consumer Products

! Safety Commission. A provision that would authorize the Nuclear Regulatory Commission to accept-gifts would be useful, and could provide modest savings to taxpayers.

SECTION 7 OFFICE LOCATION.

Section 23 of the-Atomic Energy Act-now requires the Nuclear Regulatory Commission to ' maintain -an- of fice for the service of process and papers within the District of Columbia." This requirement was enacted before the' Commission's consolidation in

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Rockville, Maryland. NoYfrequiringmainbenanceofaDistri..of*s Columbia office for this purpose has little point. Commission efficiency would be enhanced if there were no such statutory requirement.