[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1746 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1746

 To amend the Atomic Energy Act of 1954 and the Energy Reorganization 
  Act of 1974 to strengthen security at sensitive nuclear facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2001

 Mr. Reid (for himself, Mrs. Clinton, Mr. Lieberman, and Mr. Jeffords) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Atomic Energy Act of 1954 and the Energy Reorganization 
  Act of 1974 to strengthen security at sensitive nuclear facilities.

    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 ``Nuclear Security Act of 2001''.

SEC. 2. DEFINITIONS.

    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is 
amended--
            (1) by redesignating subsection jj. as subsection ii.; and
            (2) by adding at the end the following:
    ``jj. Design Basis Threat.--The term `design basis threat' means 
the design basis threat established by the Commission under section 
73.1 of title 10, Code of Federal Regulations (or any successor 
regulation developed under section 170C).
    ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear 
facility' means--
            ``(1) a commercial nuclear power plant and associated spent 
        fuel storage facility;
            ``(2) a decommissioned nuclear power plant and associated 
        spent fuel storage facility;
            ``(3) a category I fuel cycle facility;
            ``(4) a gaseous diffusion plant; and
            ``(5) any other facility licensed by the Commission, or 
        used in the conduct of an activity licensed by the Commission, 
        that the Commission determines should be treated as a sensitive 
        nuclear facility under section 170C.''.

SEC. 3. NUCLEAR SECURITY.

    (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201 et seq.) is amended by adding at the end the following:

``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE 
              DESIGN BASIS THREAT.

    ``(a) Definitions.--In this section:
            ``(1) Nuclear security force.--The term `nuclear security 
        force' means the nuclear security force established under 
        subsection (b)(1).
            ``(2) Fund.--The term `Fund' means the Nuclear Security 
        Fund established under subsection (f).
            ``(3) Qualification standard.--The term `qualification 
        standard' means a qualification standard established under 
        subsection (e)(2)(A).
            ``(4) Security plan.--The term `security plan' means a 
        security plan developed under subsection (b)(2).
    ``(b) Nuclear Security.--The Commission shall--
            ``(1) establish a nuclear security force, the members of 
        which shall be employees of the Commission, to provide for the 
        security of all sensitive nuclear facilities against the design 
        basis threat; and
            ``(2) develop and implement a security plan for each 
        sensitive nuclear facility to ensure the security of all 
        sensitive nuclear facilities against the design basis threat.
    ``(c) Design Basis Threat.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, and at least once every 3 years 
        thereafter, the Commission, in consultation with the Assistant 
        to the President for Homeland Security, the Attorney General, 
        the Secretary of Defense, and other Federal, State, and local 
        agencies, as appropriate, shall revise the design basis threat 
        to include--
                    ``(A) threats equivalent to--
                            ``(i) the events of September 11, 2001;
                            ``(ii) a physical, cyber, biochemical, or 
                        other terrorist threat;
                            ``(iii) an attack on a facility by multiple 
                        coordinated teams of a large number of 
                        individuals;
                            ``(iv) assistance in an attack from several 
                        persons employed at the facility;
                            ``(v) a suicide attack;
                            ``(vi) a water-based or air-based threat;
                            ``(vii) the use of explosive devices of 
                        considerable size and other modern weaponry;
                            ``(viii) an attack by persons with a 
                        sophisticated knowledge of the operations of a 
                        sensitive nuclear facility; and
                            ``(ix) fire, especially a fire of long 
                        duration; and
                    ``(B) any other threat that the Commission 
                determines should be included as an element of the 
                design basis threat.
            ``(2) Reports.--The Commission shall submit to Congress a 
        report on each revision made under paragraph (1).
    ``(d) Security Plans.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Commission shall develop a 
        security plan for each sensitive nuclear facility to ensure the 
        protection of each sensitive nuclear facility against the 
        design basis threat.
            ``(2) Elements of the plan.--A security plan shall 
        prescribe--
                    ``(A) the deployment of the nuclear security force, 
                including--
                            ``(i) numbers of the members of the nuclear 
                        security force at each sensitive nuclear 
                        facility;
                            ``(ii) tactics of the members of the 
                        nuclear security force at each sensitive 
                        nuclear facility; and
                            ``(iii) capabilities of the members of the 
                        nuclear security force at each sensitive 
                        nuclear facility;
                    ``(B) other protective measures, including--
                            ``(i) designs of critical control systems 
                        at each sensitive nuclear facility;
                            ``(ii) restricted personnel access to each 
                        sensitive nuclear facility;
                            ``(iii) perimeter site security, internal 
                        site security, and fire protection barriers;
                            ``(iv) increases in protection for spent 
                        fuel storage areas;
                            ``(v) placement of spent fuel in dry cask 
                        storage; and
                            ``(vi) background security checks for 
                        employees and prospective employees; and
                    ``(C) a schedule for completing the requirements of 
                the security plan not later than 18 months after the 
                date of enactment of this section.
            ``(3) Additional requirements.--A holder of a license for a 
        sensitive nuclear facility under section 103 or 104 or the 
        State or local government in which a sensitive nuclear facility 
        is located may petition the Commission for additional 
        requirements in the security plan for the sensitive nuclear 
        facility.
            ``(4) Implementation of security plan.--Not later than 270 
        days after the date of enactment of this section, the 
        Commission, in consultation with a holder of a license for a 
        sensitive nuclear facility under section 103 or 104, shall, by 
        direct action of the Commission or by order requiring action by 
        the licensee, implement the security plan for the sensitive 
        nuclear facility in accordance with the schedule under 
        paragraph (2)(C).
            ``(5) Sufficiency of security plan.--If at any time the 
        Commission determines that the implementation of the 
        requirements of the security plan for a sensitive nuclear 
        facility is insufficient to ensure the security of the 
        sensitive nuclear facility against the design basis threat, the 
        Commission shall immediately submit to Congress and the 
        President a classified report that--
                    ``(A) identifies the vulnerability of the sensitive 
                nuclear facility; and
                    ``(B) recommends actions by Federal, State, or 
                local agencies to eliminate the vulnerability.
    ``(e) Nuclear Security Force.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Commission, in consultation with 
        other Federal agencies, as appropriate, shall establish a 
        program for the hiring and training of the nuclear security 
        force.
            ``(2) Hiring.--
                    ``(A) Qualification standards.--Not later than 30 
                days after the date of enactment of this section, the 
                Commission shall establish qualification standards that 
                individuals shall be required to meet to be hired by 
                the Commission as members of the nuclear security 
                force.
                    ``(B) Examination.--The Commission shall develop 
                and administer a nuclear security force personnel 
                examination for use in determining the qualification of 
                individuals seeking employment as members of the 
                nuclear security force.
                    ``(C) Criminal and security background checks.--The 
                Commission shall require that an individual to be hired 
                as a member of the nuclear security force undergo a 
                criminal and security background check.
                    ``(D) Disqualification of individuals who present 
                national security risks.--The Commission, in 
                consultation with the heads of other Federal agencies, 
                as appropriate, shall establish procedures, in addition 
                to any background check conducted under subparagraph 
                (B), to ensure that no individual who presents a threat 
                to national security is employed as a member of the 
                nuclear security force.
            ``(3) Annual proficiency review.--
                    ``(A) In general.--The Commission shall provide 
                that an annual evaluation of each member of the nuclear 
                security force is conducted and documented.
                    ``(B) Requirements for continuation.--An individual 
                employed as a member of the nuclear security force may 
                not continue to be employed in that capacity unless the 
                evaluation under subparagraph (A) demonstrates that the 
                individual--
                            ``(i) continues to meet all qualification 
                        standards;
                            ``(ii) has a satisfactory record of 
                        performance and attention to duty; and
                            ``(iii) has the knowledge and skills 
                        necessary to vigilantly and effectively provide 
                        for the security of a sensitive nuclear 
                        facility against the design basis threat.
            ``(4) Training.--
                    ``(A) In general.--The Commission shall provide for 
                the training of each member of the nuclear security 
                force to ensure each member has the knowledge and 
                skills necessary to provide for the security of a 
                sensitive nuclear facility against the design basis 
                threat.
                    ``(B) Training plan.--Not later than 60 days after 
                the date of enactment of this section, the Commission 
                shall develop a plan for the training of members of the 
                nuclear security force.
                    ``(C) Use of other agencies.--The Commission may 
                enter into a memorandum of understanding or other 
                arrangement with any other Federal agency with 
                appropriate law enforcement responsibilities, to 
                provide personnel, resources, or other forms of 
                assistance in the training of members of the nuclear 
                security force.
    ``(f) Nuclear Security Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a fund to be known as the `Nuclear 
Security Fund', which shall be used by the Commission to administer 
programs under this section to provide for the security of sensitive 
nuclear facilities.
            ``(2) Deposits in the fund.--The Commission shall deposit 
        in the Fund--
                    ``(A) the amount of fees collected under paragraph 
                (5); and
                    ``(B) amounts appropriated under subsection (g).
            ``(3) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals. Investments may be made only 
                in interest-bearing obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            ``(4) Use of amounts in the fund.--The Commission shall use 
        amounts in the Fund to pay the costs of--
                    ``(A) salaries, training, and other expenses of the 
                nuclear security force; and
                    ``(B) developing and implementing security plans.
            ``(5) Fee.--To ensure that adequate amounts are available 
        to provide assistance under paragraph (4), the Commission shall 
        assess licensees a fee in an amount determined by the 
        Commission, not to exceed 1 mill per kilowatt-hour of 
        electricity generated by a sensitive nuclear facility.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.
    (b) Implementation.--The Commission shall complete the full 
implementation of the amendment made by subsection (a) as soon as 
practicable after the date of enactment of this Act, but in no event 
later than 270 days after the date of enactment of this Act.
    (c) Technical and Conforming Amendment.--The table of contents for 
chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is 
amended by adding at the end the following:

``Sec. 170B. Uranium supply.
``Sec. 170C. Protection of sensitive nuclear facilities against the 
                            design basis threat.''.

SEC. 4. OPERATION SAFEGUARDS AND RESPONSE UNIT.

    Section 204 of the Energy Reorganization Act of 1974 (42 U.S.C. 
5844) is amended by adding at the end the following:
    ``(d) Operation Safeguards and Response Unit.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Assistant director.--The term `Assistant 
                Director' means the Assistant Director for Operation 
                Safeguards and Response.
                    ``(B) Design basis threat.--The term `design basis 
                threat' has the meaning given the term in section 11 of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2014).
                    ``(C) Sensitive nuclear facility.--The term 
                `sensitive nuclear facility' has the meaning given the 
                term in section 11 of the Atomic Energy Act of 1954 (42 
                U.S.C. 2014).
                    ``(D) Unit.--The term `Unit' means the Operation 
                Safeguards and Response Unit established under 
                paragraph (2)(A).
            ``(2) Establishment of unit.--
                    ``(A) In general.--There is established within the 
                Office of Nuclear Material Safety and Safeguards the 
                Operation Safeguards and Response Unit.
                    ``(B) Head of unit.--The Unit shall be headed by 
                the Assistant Director for Operation Safeguards and 
                Response.
                    ``(C) Duties.--The Assistant Director shall--
                            ``(i) establish a program for the conduct 
                        of operation safeguards and response 
                        evaluations under paragraph (3); and
                            ``(ii) establish a program for the conduct 
                        of emergency response exercises under paragraph 
                        (4).
                    ``(D) Mock terrorist team.--The personnel of the 
                Unit shall include a Mock Terrorist Team comprised of--
                            ``(i) not fewer than 20 individuals with 
                        advanced knowledge of special weapons and 
                        tactics comparable to special operations forces 
                        of the Armed Forces;
                            ``(ii) at least 1 nuclear engineer;
                            ``(iii) for each evaluation at a sensitive 
                        nuclear facility under paragraph (3), at least 
                        1 individual with knowledge of the operations 
                        of the sensitive nuclear facility who is 
                        capable of actively disrupting the normal 
                        operations of the sensitive nuclear facility; 
                        and
                            ``(iv) any other individual that the 
                        Assistant Director determines should be a 
                        member of the Mock Terrorist Team.
            ``(3) Operation safeguards and response evaluations.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Assistant 
                Director shall establish an operation safeguards and 
                response evaluation program to assess the ability of 
                each sensitive nuclear facility to defend against the 
                design basis threat.
                    ``(B) Frequency of evaluations.--Not less often 
                than once every 2 years, the Assistant Director shall 
                conduct and document operation safeguards and response 
                evaluations at each sensitive nuclear facility to 
                assess the ability of the members of the nuclear 
                security force at the sensitive nuclear facility to 
                defend against the design basis threat.
                    ``(C) Activities.--The evaluation shall include 2 
                or more force-on-force exercises by the Mock Terrorist 
                Team against the sensitive nuclear facility that 
                simulate air, water, and land assaults (as 
                appropriate).
                    ``(D) Criteria.--The Assistant Director shall 
                establish criteria for judging the success of the 
                evaluations.
                    ``(E) Corrective action.--If a sensitive nuclear 
                facility fails to complete successfully an operation 
                safeguards and response evaluation, the Commission 
                shall require additional operation safeguards and 
                response evaluations not less often than once every 6 
                months until the sensitive nuclear facility 
                successfully completes an operation safeguards and 
                response evaluation.
                    ``(F) Reports.--Not less often than once every 
                year, the Commission shall submit to Congress and the 
                President a report that describes the results of each 
                operation safeguards and response evaluation under this 
                paragraph for the previous year.
            ``(4) Emergency response exercises.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Assistant 
                Director, in consultation with the Assistant to the 
                President for Homeland Security, the Director of the 
                Federal Emergency Management Agency, the Attorney 
                General, and other Federal, State, and local agencies, 
                as appropriate, shall establish an emergency response 
                program to evaluate the ability of Federal, State, and 
                local emergency response personnel within a 50-mile 
                radius of a sensitive nuclear facility to respond to a 
                radiological emergency at the sensitive nuclear 
                facility.
                    ``(B) Frequency.--Not less often than once every 3 
                years, the Assistant Director shall conduct emergency 
                response exercises to evaluate the ability of Federal, 
                State, and local emergency response personnel within a 
                50-mile radius of a sensitive nuclear facility to 
                respond to a radiological emergency at the sensitive 
                nuclear facility.
                    ``(C) Activities.--The response exercises shall 
                evaluate--
                            ``(i) the response capabilities, response 
                        times, and coordination and communication 
                        capabilities of the response personnel;
                            ``(ii) the effectiveness and adequacy of 
                        emergency response plans, including evacuation 
                        plans; and
                            ``(iii) the ability of response personnel 
                        to distribute potassium iodide or other 
                        prophylactic medicines in an expeditious 
                        manner.
                    ``(D) Revision of emergency response plans.--The 
                Commission shall revise the emergency response plan for 
                a sensitive nuclear facility to correct for any 
                deficiencies identified by an evaluation under this 
                paragraph.
                    ``(E) Reports.--Not less often than once every 
                year, the Commission shall submit to Congress and the 
                President a report that describes--
                            ``(i) the results of each emergency 
                        response exercise under this paragraph 
                        conducted in the previous year; and
                            ``(ii) each revision of an emergency 
                        response plan made under subparagraph (D) for 
                        the previous year.''.

SEC. 5. POTASSIUM IODIDE STOCKPILES.

    Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is 
amended by adding at the end the following:
    ``u. Not later than 180 days after the date of enactment of this 
subsection, the Commission, in consultation with the Director of the 
Federal Emergency Management Agency, the Secretary of Health and Human 
Services, and other Federal, State, and local agencies, as appropriate, 
shall--
            ``(1) ensure that sufficient stockpiles of potassium iodide 
        tablets have been established at public facilities (such as 
        schools and hospitals) within at least a 50-mile radius of all 
        sensitive nuclear facilities;
            ``(2) develop plans for the prompt distribution of the 
        stockpiles described in paragraph (1) to all individuals 
        located within at least a 50-mile radius of a sensitive nuclear 
        facility in the event of a release of radionuclides; and
            ``(3) submit to Congress a report--
                    ``(A) certifying that stockpiles have been 
                established as described in paragraph (1); and
                    ``(B) including the plans described in paragraph 
                (2).''.

SEC. 6. DEFENSE OF FACILITIES.

    (a) In General.--In a case in which a state of war or national 
emergency exists, the Commission shall--
            (1) request the Governor of each State in which a sensitive 
        nuclear facility is located to deploy the National Guard to 
        each sensitive nuclear facility in that State; and
            (2) request the President to--
                    (A) deploy the Coast Guard to sensitive nuclear 
                facilities on the coastline of the United States; and
                    (B) restrict air space in the vicinity of sensitive 
                nuclear facilities in the United States.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
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