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






                                                       Calendar No. 747
107th CONGRESS
  2d Session
                                S. 1746

                          [Report No. 107-335]

 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,  Mr. Jeffords, Mr. 
 Torricelli, and Mr. Harkin) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

                           November 12, 2002

              Reported by Mr. Jeffords, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Nuclear Security Act of 
2001''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 
2014) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection jj. as subsection 
        ii.; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``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).</DELETED>
<DELETED>    ``kk. Sensitive Nuclear Facility.--The term `sensitive 
nuclear facility' means--</DELETED>
        <DELETED>    ``(1) a commercial nuclear power plant and 
        associated spent fuel storage facility;</DELETED>
        <DELETED>    ``(2) a decommissioned nuclear power plant and 
        associated spent fuel storage facility;</DELETED>
        <DELETED>    ``(3) a category I fuel cycle facility;</DELETED>
        <DELETED>    ``(4) a gaseous diffusion plant; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. NUCLEAR SECURITY.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES 
              AGAINST THE DESIGN BASIS THREAT.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Nuclear security force.--The term `nuclear 
        security force' means the nuclear security force established 
        under subsection (b)(1).</DELETED>
        <DELETED>    ``(2) Fund.--The term `Fund' means the Nuclear 
        Security Fund established under subsection (f).</DELETED>
        <DELETED>    ``(3) Qualification standard.--The term 
        `qualification standard' means a qualification standard 
        established under subsection (e)(2)(A).</DELETED>
        <DELETED>    ``(4) Security plan.--The term `security plan' 
        means a security plan developed under subsection 
        (b)(2).</DELETED>
<DELETED>    ``(b) Nuclear Security.--The Commission shall--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Design Basis Threat.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) threats equivalent to--</DELETED>
                        <DELETED>    ``(i) the events of September 11, 
                        2001;</DELETED>
                        <DELETED>    ``(ii) a physical, cyber, 
                        biochemical, or other terrorist 
                        threat;</DELETED>
                        <DELETED>    ``(iii) an attack on a facility by 
                        multiple coordinated teams of a large number of 
                        individuals;</DELETED>
                        <DELETED>    ``(iv) assistance in an attack 
                        from several persons employed at the 
                        facility;</DELETED>
                        <DELETED>    ``(v) a suicide attack;</DELETED>
                        <DELETED>    ``(vi) a water-based or air-based 
                        threat;</DELETED>
                        <DELETED>    ``(vii) the use of explosive 
                        devices of considerable size and other modern 
                        weaponry;</DELETED>
                        <DELETED>    ``(viii) an attack by persons with 
                        a sophisticated knowledge of the operations of 
                        a sensitive nuclear facility; and</DELETED>
                        <DELETED>    ``(ix) fire, especially a fire of 
                        long duration; and</DELETED>
                <DELETED>    ``(B) any other threat that the Commission 
                determines should be included as an element of the 
                design basis threat.</DELETED>
        <DELETED>    ``(2) Reports.--The Commission shall submit to 
        Congress a report on each revision made under paragraph 
        (1).</DELETED>
<DELETED>    ``(d) Security Plans.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Elements of the plan.--A security plan shall 
        prescribe--</DELETED>
                <DELETED>    ``(A) the deployment of the nuclear 
                security force, including--</DELETED>
                        <DELETED>    ``(i) numbers of the members of 
                        the nuclear security force at each sensitive 
                        nuclear facility;</DELETED>
                        <DELETED>    ``(ii) tactics of the members of 
                        the nuclear security force at each sensitive 
                        nuclear facility; and</DELETED>
                        <DELETED>    ``(iii) capabilities of the 
                        members of the nuclear security force at each 
                        sensitive nuclear facility;</DELETED>
                <DELETED>    ``(B) other protective measures, 
                including--</DELETED>
                        <DELETED>    ``(i) designs of critical control 
                        systems at each sensitive nuclear 
                        facility;</DELETED>
                        <DELETED>    ``(ii) restricted personnel access 
                        to each sensitive nuclear facility;</DELETED>
                        <DELETED>    ``(iii) perimeter site security, 
                        internal site security, and fire protection 
                        barriers;</DELETED>
                        <DELETED>    ``(iv) increases in protection for 
                        spent fuel storage areas;</DELETED>
                        <DELETED>    ``(v) placement of spent fuel in 
                        dry cask storage; and</DELETED>
                        <DELETED>    ``(vi) background security checks 
                        for employees and prospective employees; 
                        and</DELETED>
                <DELETED>    ``(C) a schedule for completing the 
                requirements of the security plan not later than 18 
                months after the date of enactment of this 
                section.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) identifies the vulnerability of the 
                sensitive nuclear facility; and</DELETED>
                <DELETED>    ``(B) recommends actions by Federal, 
                State, or local agencies to eliminate the 
                vulnerability.</DELETED>
<DELETED>    ``(e) Nuclear Security Force.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Hiring.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Annual proficiency review.--</DELETED>
                <DELETED>    ``(A) In general.--The Commission shall 
                provide that an annual evaluation of each member of the 
                nuclear security force is conducted and 
                documented.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) continues to meet all 
                        qualification standards;</DELETED>
                        <DELETED>    ``(ii) has a satisfactory record 
                        of performance and attention to duty; 
                        and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Training.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Nuclear Security Fund.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Deposits in the fund.--The Commission shall 
        deposit in the Fund--</DELETED>
                <DELETED>    ``(A) the amount of fees collected under 
                paragraph (5); and</DELETED>
                <DELETED>    ``(B) amounts appropriated under 
                subsection (g).</DELETED>
        <DELETED>    ``(3) Investment of amounts.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Acquisition of obligations.--For the 
                purpose of investments under subparagraph (A), 
                obligations may be acquired--</DELETED>
                        <DELETED>    ``(i) on original issue at the 
                        issue price; or</DELETED>
                        <DELETED>    ``(ii) by purchase of outstanding 
                        obligations at the market price.</DELETED>
                <DELETED>    ``(C) Sale of obligations.--Any obligation 
                acquired by the Fund may be sold by the Secretary of 
                the Treasury at the market price.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Use of amounts in the fund.--The Commission 
        shall use amounts in the Fund to pay the costs of--</DELETED>
                <DELETED>    ``(A) salaries, training, and other 
                expenses of the nuclear security force; and</DELETED>
                <DELETED>    ``(B) developing and implementing security 
                plans.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Authorization of Appropriations.--There are 
authorized to be appropriated such sums as are necessary to carry out 
this section.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 4. OPERATION SAFEGUARDS AND RESPONSE UNIT.</DELETED>

<DELETED>    Section 204 of the Energy Reorganization Act of 1974 (42 
U.S.C. 5844) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(d) Operation Safeguards and Response Unit.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Assistant director.--The term 
                `Assistant Director' means the Assistant Director for 
                Operation Safeguards and Response.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(D) Unit.--The term `Unit' means the 
                Operation Safeguards and Response Unit established 
                under paragraph (2)(A).</DELETED>
        <DELETED>    ``(2) Establishment of unit.--</DELETED>
                <DELETED>    ``(A) In general.--There is established 
                within the Office of Nuclear Material Safety and 
                Safeguards the Operation Safeguards and Response 
                Unit.</DELETED>
                <DELETED>    ``(B) Head of unit.--The Unit shall be 
                headed by the Assistant Director for Operation 
                Safeguards and Response.</DELETED>
                <DELETED>    ``(C) Duties.--The Assistant Director 
                shall--</DELETED>
                        <DELETED>    ``(i) establish a program for the 
                        conduct of operation safeguards and response 
                        evaluations under paragraph (3); and</DELETED>
                        <DELETED>    ``(ii) establish a program for the 
                        conduct of emergency response exercises under 
                        paragraph (4).</DELETED>
                <DELETED>    ``(D) Mock terrorist team.--The personnel 
                of the Unit shall include a Mock Terrorist Team 
                comprised of--</DELETED>
                        <DELETED>    ``(i) not fewer than 20 
                        individuals with advanced knowledge of special 
                        weapons and tactics comparable to special 
                        operations forces of the Armed 
                        Forces;</DELETED>
                        <DELETED>    ``(ii) at least 1 nuclear 
                        engineer;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) any other individual that 
                        the Assistant Director determines should be a 
                        member of the Mock Terrorist Team.</DELETED>
        <DELETED>    ``(3) Operation safeguards and response 
        evaluations.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(D) Criteria.--The Assistant Director 
                shall establish criteria for judging the success of the 
                evaluations.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Emergency response exercises.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Activities.--The response exercises 
                shall evaluate--</DELETED>
                        <DELETED>    ``(i) the response capabilities, 
                        response times, and coordination and 
                        communication capabilities of the response 
                        personnel;</DELETED>
                        <DELETED>    ``(ii) the effectiveness and 
                        adequacy of emergency response plans, including 
                        evacuation plans; and</DELETED>
                        <DELETED>    ``(iii) the ability of response 
                        personnel to distribute potassium iodide or 
                        other prophylactic medicines in an expeditious 
                        manner.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Reports.--Not less often than once 
                every year, the Commission shall submit to Congress and 
                the President a report that describes--</DELETED>
                        <DELETED>    ``(i) the results of each 
                        emergency response exercise under this 
                        paragraph conducted in the previous year; 
                        and</DELETED>
                        <DELETED>    ``(ii) each revision of an 
                        emergency response plan made under subparagraph 
                        (D) for the previous year.''.</DELETED>

<DELETED>SEC. 5. POTASSIUM IODIDE STOCKPILES.</DELETED>

<DELETED>    Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 
2210) is amended by adding at the end the following:</DELETED>
<DELETED>    ``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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) submit to Congress a report--</DELETED>
                <DELETED>    ``(A) certifying that stockpiles have been 
                established as described in paragraph (1); 
                and</DELETED>
                <DELETED>    ``(B) including the plans described in 
                paragraph (2).''.</DELETED>

<DELETED>SEC. 6. DEFENSE OF FACILITIES.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Security Act of 2002''.

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) Homeland Security Officer.--The term `Homeland Security 
Officer' means a Federal official with responsibility for coordinating 
efforts to maintain homeland security against acts of terrorism, and 
designated by the President to perform the duties of the Homeland 
Security Officer under this Act.
    ``(kk) Private Security Force.--The term `private security force', 
with respect to a sensitive nuclear facility, means personnel hired or 
contracted by the licensee of the sensitive nuclear facility to provide 
security at the sensitive nuclear facility.
    ``(ll) Sensitive Nuclear Facility.--
            ``(1) In general.--The term `sensitive nuclear facility' 
        means a facility licensed by the Commission (or the portion of 
        a facility used in the conduct of an activity licensed by the 
        Commission).
            ``(2) Inclusions.--The term `sensitive nuclear facility' 
        includes--
                    ``(A) an operating commercial nuclear power plant;
                    ``(B) an independent spent fuel storage facility;
                    ``(C) a commercial nuclear power plant that is 
                being decommissioned or a portion of a commercial 
                nuclear power plant that contains material licensed by 
                the Commission;
                    ``(D) a category I fuel cycle facility; and
                    ``(E) a gaseous diffusion plant.''.

SEC. 3. NUCLEAR FACILITY 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.

    ``(a) Definitions.--In this section:
            ``(1) Antiterrorism team.--The term `antiterrorism team' 
        means the Nuclear Infrastructure Antiterrorism Team established 
        under subsection (h).
            ``(2) Federal security coordinator.--The term `Federal 
        security coordinator' means the Federal security coordinator 
        assigned to a sensitive nuclear facility under subsection (k).
            ``(3) Task force.--The term `task force' means the task 
        force on nuclear infrastructure security established by 
        subsection (b).
            ``(4) Threat.--The term `threat' means a threat identified 
        under subsection (c).
            ``(5) Threat level.--The term `threat level' means a threat 
        level determined under subsection (d).
    ``(b) Task Force on Nuclear Infrastructure Security.--
            ``(1) Establishment.--There is established a task force on 
        nuclear infrastructure security.
            ``(2) Membership.--The task force shall be comprised of--
                    ``(A) the chairman of the Commission, who shall 
                serve as chairperson of the task force;
                    ``(B) the Secretary of Defense;
                    ``(C) the Secretary of Transportation;
                    ``(D) the Administrator of the Environmental 
                Protection Agency;
                    ``(E) the Attorney General;
                    ``(F) the Secretary of State;
                    ``(G) the Director of the Central Intelligence 
                Agency;
                    ``(H) the Secretary of Health and Human Services;
                    ``(I) the Director of the Federal Emergency 
                Management Agency; and
                    ``(J) the Homeland Security Officer.
            ``(3) Duties.--
                    ``(A) In general.--The task force, in consultation 
                with other Federal, State, and local agencies, 
                stakeholders, and members of the public, as 
                appropriate, shall examine the protection of sensitive 
                nuclear facilities from potential terrorist threats.
                    ``(B) Security review.--
                            ``(i) In general.--The task force shall 
                        examine--
                                    ``(I) the classification of threats 
                                as--
                                            ``(aa) an act--

                                                    ``(AA) by an enemy 
                                                of the United States 
                                                (whether a foreign 
                                                government or other 
                                                person); or

                                                    ``(BB) otherwise 
                                                falling under the 
                                                responsibilities of the 
                                                Federal Government; or

                                            ``(bb) an act involving a 
                                        type of risk that the licensees 
                                        of the Commission should be 
                                        responsible for guarding 
                                        against;
                                    ``(II) coordination of Federal, 
                                State, and local security efforts for 
                                protection of land, water, and ground 
                                access to sensitive nuclear facilities 
                                in the event of a terrorist attack or 
                                attempted terrorist attack;
                                    ``(III) the adequacy of existing 
                                emergency planning zones to protect the 
                                public health and safety in the event 
                                of a terrorist attack against a 
                                sensitive nuclear facility;
                                    ``(IV) the adequacy and 
                                coordination of Federal, State, and 
                                local emergency planning, evacuation, 
                                and other measures to protect the 
                                public health and safety in the event 
                                of a terrorist attack against a 
                                sensitive nuclear facility;
                                    ``(V) the threats that sensitive 
                                nuclear facilities must protect against 
                                to prevent acts of radiological 
                                sabotage and theft of special nuclear 
                                material;
                                    ``(VI) the system of threat levels, 
                                consistent with the Homeland Security 
                                Advisory System, used to categorize the 
                                threats against a sensitive nuclear 
                                facility, including--
                                            ``(aa) procedures to ensure 
                                        coordinated Federal, State, and 
                                        local responses to changing 
                                        threat levels for sensitive 
                                        nuclear facilities;
                                            ``(bb) monitoring of 
                                        threats against sensitive 
                                        nuclear facilities; and
                                            ``(cc) procedures to notify 
                                        licensees of a sensitive 
                                        nuclear facility of changes in 
                                        threat levels;
                                    ``(VII) the development, 
                                implementation, and revision of 
                                security plans for sensitive nuclear 
                                facilities;
                                    ``(VIII) the establishment of the 
                                antiterrorism team under subsection 
                                (h);
                                    ``(IX) the hiring and training 
                                standards for members of private 
                                security forces at sensitive nuclear 
                                facilities, in accordance with 
                                subsection (i);
                                    ``(X) the coordination of Federal 
                                resources to expedite and improve the 
                                process of performing background checks 
                                on employees with access to sensitive 
                                nuclear facilities; and
                                    ``(XI) the creation of a program to 
                                provide technical assistance and 
                                training for the national guard, State 
                                law enforcement agencies, and local law 
                                enforcement agencies to respond, as 
                                appropriate, to threats against a 
                                sensitive nuclear facility, including 
                                recommendations for the establishment 
                                of a grant program for State and local 
                                governments to carry out any 
                                recommended requirements under this 
                                section.
                            ``(ii) Threats.--The threats to be examined 
                        include--
                                    ``(I) threats comparable to the 
                                events of September 11, 2001;
                                    ``(II) cyber or biochemical 
                                threats;
                                    ``(III) attacks on a sensitive 
                                nuclear facility by multiple 
                                coordinated teams of a large number of 
                                individuals;
                                    ``(IV) attacks from several persons 
                                employed at the sensitive nuclear 
                                facility, some of whom may have 
                                sophisticated knowledge of the 
                                operations of the sensitive nuclear 
                                facility;
                                    ``(V) attacks from individuals 
                                willing to commit suicide to carry out 
                                the attacks;
                                    ``(VI) water-based and air-based 
                                attacks;
                                    ``(VII) attacks using explosive 
                                devises of considerable size and modern 
                                weaponry;
                                    ``(VIII) fire, especially fire of 
                                long duration; and
                                    ``(IX) any combination of those 
                                threats.
            ``(4) Report.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this section, the task force 
                shall submit to the President and Congress, in 
                classified form and unclassified form, a report with 
                recommendations and findings.
                    ``(B) Revision.--The task force shall revise the 
                recommendations periodically, but not less than once 
                every 3 years.
    ``(c) Threats to Sensitive Nuclear Facilities.--
            ``(1) In general.--Not later than 150 days after the task 
        force submits the report under subsection (b)(4), the 
        Commission shall promulgate regulations, based on and 
        consistent with the findings and recommendations of the task 
        force, identifying the threats that sensitive nuclear 
        facilities must protect against to prevent acts of radiological 
        sabotage and the theft of special nuclear material at sensitive 
        nuclear facilities.
            ``(2) Protection of safeguards information.--In 
        promulgating regulations under this subsection, the Commission 
        shall ensure protection of safeguards information in accordance 
        with section 147.
    ``(d) Threat Levels.--Not later than 150 days after the task force 
submits the report under subsection (b)(4), the Commission shall 
promulgate regulations, based on and consistent with the findings and 
recommendations of the task force, establishing a system for the 
determination of multiple threat levels to describe the threat 
conditions at sensitive nuclear facilities.
    ``(e) Security Plans.--
            ``(1) In general.--Not later than 1 year after the date on 
        which the Commission establishes the threats under subsection 
        (c), the Commission shall review, based on and consistent with 
        the findings and recommendations of the task force, the 
        security plan for each sensitive nuclear facility to ensure 
        that each sensitive nuclear facility protects against those 
        threats.
            ``(2) Aspects of review.--The Commission shall ensure that 
        the security plan provides for--
                    ``(A) the deployment and capabilities of the 
                private security force at the sensitive nuclear 
                facility for each threat level;
                    ``(B) coordination between the private security 
                force and the antiterrorism team for the sensitive 
                nuclear facility, as appropriate for each threat level;
                    ``(C) secure operation of vital equipment, such as 
                control room equipment and backup warning systems;
                    ``(D) access restrictions;
                    ``(E) security cameras, fire protection barriers, 
                and other physical security measures;
                    ``(F) protection of spent fuel, including options 
                such as placement of spent fuel in dry cask storage;
                    ``(G) background security checks for employees and 
                prospective employees; and
                    ``(H) coordination among licensees of sensitive 
                nuclear facilities and appropriate Federal, state, and 
                local emergency response personnel.
            ``(3) Schedule.--The Commission shall establish a priority 
        schedule for conducting reviews of security plans based on the 
        vulnerability of each sensitive nuclear facility and the 
        proximity of the sensitive nuclear facility to large population 
        areas.
            ``(4) Findings.--
                    ``(A) In general.--Not later than 30 days after the 
                review of each security plan, the Commission shall 
                submit to Congress and the licensee of each sensitive 
                nuclear facility recommendations, findings, and a 
                schedule for implementation of changes to security that 
                shall be made not later than 18 months after completion 
                of the review of the security plan.
                    ``(B) Form.--The report submitted to Congress under 
                subparagraph (A) shall be submitted in classified and 
                unclassified form.
            ``(5) Upgrades to security plan.--Not later than 30 days 
        after the review of each security plan, the Commission shall 
        ensure that the licensee of each sensitive nuclear facility 
        revises, as necessary, its security plan consistent with the 
        findings under paragraph (4).
            ``(6) Upgrades to security.--The Commission shall ensure 
        that the licensee of each sensitive nuclear facility makes any 
        changes to security required by the security plan according to 
        the Commission schedule.
    ``(f) Emergency Response Plans.--
            ``(1) In general.--Not later than 150 days after the task 
        force submits the report under subsection (b)(4), the 
        Commission shall review, based on and consistent with the 
        findings and recommendations of the task force, the emergency 
        response plans for each sensitive nuclear facility to ensure 
        that each emergency response plan provides protection for 
persons living in the emergency response planning zones.
            ``(2) Aspects of review.--The Commission shall ensure that 
        each emergency response plan provides for--
                    ``(A) the protection of public health and safety, 
                including the ability to implement protective measures;
                    ``(B) clear definition and assignment of 
                responsibilities of emergency response personnel;
                    ``(C) notification procedures;
                    ``(D) communication and coordination among 
                emergency response personnel;
                    ``(E) dissemination of information to the public, 
                including both pre-emergency education and in the event 
                of a radiological emergency;
                    ``(F) adequate emergency facilities and equipment 
                at and around the sensitive nuclear facility;
                    ``(G) the use of methods, systems, and equipment 
                for assessing and monitoring actual or potential 
                impacts of a radiological emergency;
                    ``(H) appropriate evacuation and sheltering and the 
                prophylactic use of potassium iodide;
                    ``(I) means for controlling radiological exposures;
                    ``(J) appropriate medical services;
                    ``(K) plans for recovery and reentry; and
                    ``(L) radiological emergency response training.
            ``(3) Schedule.--The Commission shall establish a priority 
        schedule for conducting reviews of emergency response plans for 
        sensitive nuclear facilities based on the relative degrees of 
        vulnerability of sensitive nuclear facilities and the proximity 
        of sensitive nuclear facilities to large population areas.
            ``(4) Findings.--
                    ``(A) In general.--Not later than 30 days after the 
                review of each emergency response plan, the Commission 
                shall submit to Congress and the licensee of each 
                sensitive nuclear facility recommendations and 
                findings.
                    ``(B) Form.--The report submitted to Congress under 
                subparagraph (A) shall be submitted in classified and 
                unclassified form.
            ``(5) Upgrades to emergency response plan.--Not later than 
        30 days after completion of the review of each emergency 
        response plan, the Commission shall ensure that the licensee of 
        each sensitive nuclear facility revises, as necessary, the 
        emergency response plan for the sensitive nuclear facility 
        consistent with the findings under paragraph (4).
    ``(g) Federal Coordination.--Not later than 90 days after the task 
force submits the report under subsection (b)(4), the Commission shall 
promulgate regulations, based on and consistent with the findings and 
recommendations of the task force, establishing the circumstances under 
which the Commission shall request the President to--
            ``(1) deploy the Coast Guard to a sensitive nuclear 
        facility;
            ``(2) provide for the protection of air space in the 
        vicinity of a sensitive nuclear facility; or
            ``(3) deploy the antiterrorism team.
    ``(h) Nuclear Infrastructure Antiterrorism Team.--
            ``(1) Establishment.--Not later than 1 year after the task 
        force submits the report under subsection (b)(4), the President 
        shall establish, based on and consistent with the findings and 
        recommendations of the task force, the Nuclear Infrastructure 
        Antiterrorism Team.
            ``(2) Purpose.--The purpose of the antiterrorism team shall 
        be to provide protection for the perimeter of sensitive nuclear 
        facilities against the threats identified under subsection (c), 
        in coordination with other Federal, State, local, and private 
        entities, as appropriate, consistent with the security plan for 
        each sensitive nuclear facility.
    ``(i) Training Program.--
            ``(1) In general.--Not later than 180 days after the task 
        force submits the report under subsection (b)(4)(B), the 
        President shall establish, based on and consistent with 
        findings and recommendations of the task force, a program to 
        provide technical assistance and training for the National 
        Guard and State and local law enforcement agencies in 
        responding to threats against a sensitive nuclear facility.
            ``(2) Grants.--The President may provide grants, consistent 
        with the findings and recommendations of the task force, to 
        State and local governments to assist in carrying out this 
        section.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.
    ``(j) Employee Security.--
            ``(1) Review.--Not later than 90 days after the task force 
        submits the report under subsection (b)(4), the Commission, 
        taking into consideration recommendations of the task force, 
        shall review and update the hiring and training standards for 
        employees of a sensitive nuclear facility.
            ``(2) Disqualification of individuals that present national 
        security risks.--The Commission, based on and consistent with 
        the findings and recommendations of the task force, shall 
        establish qualifications and procedures, in addition to any 
        background check conducted under section 149, to ensure that no 
        individual that presents a threat to national security is 
        employed at a sensitive nuclear facility.
    ``(k) Federal Security Coordinators.--
            ``(1) In general.--Not later than 120 days after the task 
        force submits the report under subsection (b)(4), the 
        Commission, based on and consistent with findings and 
        recommendations of the task force, shall promulgate regulations 
        for the hiring and training of Federal security coordinators.
            ``(2) Assignment of federal security coordinators.--Not 
        later than 60 days after the Commission promulgates regulations 
        under paragraph (1), the Commission shall assign a Federal 
        security coordinator, under the employment of the Commission, 
        at each sensitive nuclear facility.
            ``(3) Responsibilities.--The Federal security coordinator 
        shall be responsible for--
                    ``(A) communicating with the Commission and other 
                Federal, State, and local authorities concerning 
                threats, including threats against the sensitive 
                nuclear facility;
                    ``(B) ensuring that the sensitive nuclear facility 
                maintains security consistent with the security plan in 
                accordance with the appropriate threat level; and
                    ``(C) ensuring full and active coordination of 
                security measures among--
                            ``(i) the private security force at the 
                        sensitive nuclear facility;
                            ``(ii) the antiterrorism team; and
                            ``(iii) other Federal, State, and local 
                        authorities, as appropriate.
    ``(l) Classified Information.--Nothing in this section shall be 
construed to supersede any existing law (including a regulation) 
governing the disclosure of classified information or safeguards 
information.''.

SEC. 4. FINGERPRINTING AND BACKGROUND CHECKS.

    (a) In General.--Section 149 of the Atomic Energy Act of 1954 (42 
U.S.C. 2133) is amended--
            (1) by striking subsections a. and b. and inserting the 
        following:
    ``a. Fingerprinting and Background Checks.--
            ``(1) In general.--The Nuclear Regulatory Commission 
        (referred to in this section as the `Commission') shall require 
        the fingerprinting of each individual that is permitted--
                    ``(A) unescorted access to a facility, activity, 
                radioactive material, or property; or
                    ``(B) access to safeguards information under 
                section 147.
            ``(2) Performance of fingerprinting.--The Commission shall 
        require fingerprinting under paragraph (1) to be performed by--
                    ``(A) a person that is licensed or certified by the 
                Commission;
                    ``(B) a person that is an applicant for a license 
                or certificate; and
                    ``(C) a person that is otherwise permitted--
                            ``(i) to operate a utilization facility 
                        under section 103 or 104b.; or
                            ``(ii) to possess, use or transport--
                                    ``(I) radioactive material; or
                                    ``(II) other property regulated by 
                                the Commission and determined by the 
                                Commission to be of significance to the 
                                public health and safety or the common 
                                defense and security.
            ``(3) Repetition of fingerprinting.--Fingerprinting shall 
        be repeated for each individual described in paragraph (1) at 
        least once every 5 years.
            ``(4) Submission of fingerprints.--
                    ``(A) In general.--A licensee, certificate holder, 
                or applicant shall submit to the Attorney General, 
                through the Commission, all fingerprints obtained under 
                paragraph (2)--
                            ``(i) for identification and comparison 
                        against all categories of individuals whose 
                        fingerprints appear in--
                                    ``(I) the National Crime 
                                Information Center data sets;
                                    ``(II) the United States National 
                                Central Bureau of Interpol;
                                    ``(III) the National Instant 
                                Criminal Background Check system; and
                                    ``(IV) the Immigration and 
                                Naturalization Service data sets 
                                (including the Student and Exchange 
                                Visitor Information System); and
                            ``(ii) for use to conduct a criminal 
                        history background check to determine past 
                        criminal history and any outstanding arrest 
                        warrants on record with the Federal Bureau of 
                        Investigation.
                    ``(B) Cost.--The cost of a background check 
                conducted under this paragraph shall be paid by the 
                licensee, certificate holder, or applicant.
                    ``(C) Provision of results.--
                            ``(i) Attorney general.--Notwithstanding 
                        any other provision of law, the Attorney 
                        General shall provide the pertinent results of 
                        the search to the Commission.
                            ``(ii) The commission.--In accordance with 
                        regulations promulgated under this section, the 
                        Commission may provide a licensee, certificate 
                        holder, or applicant submitting the 
                        fingerprints the results of an identification 
                        and record check under this paragraph.
    ``b. Relief from Obligations.--
            ``(1) In general.--The Commission may, by regulation, 
        relieve any person from the obligations imposed by this 
        section, under terms and conditions and for periods of time 
        specified by the Commission, if the Commission determines that 
        the provision of relief is consistent with the responsibilities 
        of the Commission--
                    ``(A) to promote the common defense and security; 
                and
                    ``(B) to protect the health and safety of the 
                public.
            ``(2) Requirements of another agency.--A person that is 
        subject to the fingerprinting requirements of another agency of 
        the United States shall not be subject to the obligations 
        imposed by this section, if the Commission determines that 
        those fingerprinting requirements afford security protection 
        similar to that resulting from the application of this 
        section.''; and
            (2) in subsection c.(2), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) to ensure that the information is used solely 
                for the purpose of determining whether an individual 
                shall be permitted access to a facility or radioactive 
                material or property of a licensee, certificate holder, 
                or applicant, or shall be permitted access to 
                safeguards information under section 147;''.
    (b) Access to Nuclear Facilities.--Chapter 12 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2161 et seq.) is amended by adding at the end 
the following:

``SEC. 149A. BACKGROUND CHECKS FOR PERSONS WITH ACCESS TO NUCLEAR 
              FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means a person that 
        has applied to the Commission for a license or a certificate of 
        compliance.
            ``(2) Certificate holder.--The term `certificate holder' 
        means a person that has received from the Commission a 
        certificate of compliance with standards established by the 
        Commission.
            ``(3) Chief law enforcement officer.--The term `chief law 
        enforcement officer' means a chief of police, sheriff, or 
        equivalent officer.
            ``(4) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(5) Licensee.--The term `licensee' means a person that 
        is--
                    ``(A) licensed to operate a utilization facility 
                under section 103 or 104b.; or
                    ``(B) licensed to possess or use radioactive 
                material or other property regulated by the Commission 
                and determined by the Commission to be of significance 
                to the public health and safety or the common defense 
                and security.
    ``(b) Submission of Information.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of this section, the Commission shall require each 
        person that is--
                    ``(A) licensed or certified by the Commission;
                    ``(B) an applicant for a license or certificate; 
                and
                    ``(C) otherwise permitted--
                            ``(i) to operate a utilization facility 
                        under section 103 or 104b.; or
                            ``(ii) to possess, use, or transport 
                        radioactive material or other property 
                        regulated by the Commission that the Commission 
                        determines to be of significance to the public 
                        health and safety or the common defense and 
                        security;
        to submit to the Commission the statements described in 
        subsections (c) and (d) with respect to each person described 
        in paragraph (2).
            ``(2) Persons with respect to whom information is 
        required.--Information shall be submitted under paragraph (1) 
        with respect to--
                    ``(A) each current officer or employee of the 
                licensee, certificate holder, or applicant (including 
                an employee of a contractor of the licensee, 
                certificate holder, or applicant); and
                    ``(B) any other individual (except an employee of 
                the Commission) that--
                            ``(i) is proposed to have access to--
                                    ``(I) the facility;
                                    ``(II) radioactive material; or
                                    ``(III) other property regulated by 
                                the Commission that the Commission 
                                determines to be of significance to the 
                                public health and safety or the common 
                                defense and security;
                        within the 60-day period without being 
                        accompanied by an employee of the licensee, 
                        certificate holder, or applicant for a license 
                        or certificate that has been the subject of the 
                        background check described in paragraph (4); or
                            ``(ii) is proposed to be provided access to 
                        safeguards information under section 147.
            ``(3) Provision of access.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this section, a licensee, 
                certificate holder, or applicant for a license or 
                certificate shall take such actions as are necessary to 
                ensure that--
                            ``(i) no individual that is not accompanied 
                        by an employee of the licensee, certificate 
                        holder, or applicant for a license or 
                        certificate that has been the subject of a 
                        background check under section 149 and section 
                        170C is allowed access to--
                                    ``(I) any facility operated 
                                pursuant to section 103 or 104b.;
                                    ``(II) radioactive material; or
                                    ``(III) other property regulated by 
                                the Commission that the Commission 
                                determines to be of significance to the 
                                public health and safety or the common 
                                defense and security; or
                            ``(ii) no access to safeguards information 
                        is allowed to any individual under section 147, 
                        unless--
                                    ``(I) the individual has been the 
                                subject of a background check under 
                                section 149a. and section 170C; and
                                    ``(II) a response to the request 
                                for the background check has been 
                                received that the Commission determines 
                                to be satisfactory.
                    ``(B) Exception.--The prohibition of access under 
                subparagraph (A) does not apply to employees of the 
                Commission.
            ``(4) Submission to the attorney general.--The Commission 
        shall submit the statements required by paragraph (2) to the 
        Attorney General for the purpose of initiating a background 
        check under--
                    ``(A) the National Crime Information Center;
                    ``(B) the United States National Central Bureau of 
                Interpol;
                    ``(C) the National Instant Criminal Background 
                Check system; and
                    ``(D) the Immigration and Naturalization Service 
                data sets.
            ``(5) Time requirement.--Background checks and access 
        authorization reviews required by this section shall be 
        conducted at least once every 5 years for each individual for 
        whom a background check is required.
    ``(c) Statement by a Licensee, Certificate Holder, or Applicant.--
For each individual for whom a licensee, certificate holder, or 
applicant is required to submit background check statements under 
subsection (b), the licensee, certificate holder, or applicant shall 
submit to the Commission--
            ``(1) a statement that the licensee, certificate holder, or 
        applicant has verified the identity of the individual by 
        examining identification documents presented by the individual; 
        and
            ``(2) a statement that the licensee, certificate holder, or 
        applicant--
                    ``(A) has furnished, to the chief law enforcement 
                officer of the place of residence of the individual, 
                the statement required by subsection (d); and
                    ``(B) has not, within 7 calendar days after the 
                statement has been furnished to the chief law 
                enforcement officer, received a notice from the officer 
                that--
                            ``(i) the individual has been convicted of 
                        a violation of Federal or State law; or
                            ``(ii) has a record of exhibiting behavior 
                        that would make the individual unsuitable for 
                        access to the facilities, material, or 
                        safeguards information described in subsection 
                        (b).
    ``(d) Statement by an Individual for Whom Access is Proposed.--
            ``(1) In general.--An individual for whom access is 
        proposed to the facilities, material, or safeguards information 
        described in subsection (b) shall submit to the licensee, 
        certificate holder, or applicant, a statement containing--
                    ``(A) the name, address, and date of birth 
                appearing on a valid identification document containing 
                a photograph of the individual;
                    ``(B) a description of the identification used; and
                    ``(C) a statement that the individual--
                            ``(i) is not under indictment for, and has 
                        not been convicted in any court, of a crime 
                        punishable by imprisonment;
                            ``(ii) is not a fugitive from justice;
                            ``(iii) is not an unlawful user of or 
                        addicted to any controlled substances (as 
                        defined in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802));
                            ``(iv) has not been committed to a mental 
                        institution;
                            ``(v) is not an alien who is illegally or 
                        unlawfully in the United States;
                            ``(vi) has not been discharged from the 
                        Armed Forces under dishonorable conditions; and
                            ``(vii) has not renounced United States 
                        citizenship.
            ``(2) Signature requirement.--The statement required under 
        paragraph (1) shall be signed by the individual and shall 
        contain the date on which the statement was signed.
    ``(e) Action by the Attorney General.--
            ``(1) Right to information.--Notwithstanding any other law 
        and as necessary for a background check on an individual, the 
        Attorney General may secure directly from any department or 
        agency information on an individual proposed to be given access 
        to a facility or material or safeguards information as 
        described in subsection (b).
            ``(2) Response to a request for a background check.--A 
        response to a request for a background check under this Act 
        shall be provided by the Attorney General to the Commission not 
        later than 30 days after the statements described by 
        subsections (c) and (d) are submitted to the Attorney General.
            ``(3) Provision of reasons for denial of access.--
                    ``(A) In general.--The Attorney General shall 
                provide to any individual the reasons for a denial of 
                access based on the background check of that individual 
                only if--
                            ``(i) the response to the background check 
                        is that the individual should not be given 
                        access to such a facility or material or 
                        safeguards information; and
                            ``(ii) the individual requests the reasons 
                        for the determination.
                    ``(B) Procedure.--The Attorney General shall 
                provide the individual the reasons under paragraph 
                (A)--
                            ``(i) in writing; and
                            ``(ii) not later than 5 business days after 
                        the date of the request.
    ``(f) Criminal Penalty.--A person that knowingly falsifies a 
statement required by subsection (c) or (d), or knowingly fails to 
obtain a background check as required by subsection (b), shall be 
imprisoned not more than 5 years, fined not more than $50,000, or 
both.''.

SEC. 5. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

    (a) In General.--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:

``SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

    ``(a) Definitions.--In this section:
            ``(1) Antiterrorism team.--The term `antiterrorism team' 
        has the meaning given the term in section 170C(a) of the Atomic 
        Energy Act of 1954.
            ``(2) Assistant director.--The term `Assistant Director' 
        means the Assistant Director for Security Response.
            ``(3) Director.--The term `Director' means the Director of 
        Nuclear Security and Incident Response appointed under 
        subsection (c).
            ``(4) Mock terrorist team.--The term `mock terrorist team' 
        means the mock terrorist team described in subsection (d)(3).
            ``(5) Office.--The term `Office' means the Office of 
        Nuclear Security and Incident Response established by 
        subsection (b).
            ``(6) 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).
            ``(7) Threat.--The term `threat' has the meaning given the 
        term in section 170C(a) of the Atomic Energy Act of 1954.
            ``(8) Unit.--The term `Unit' means the Security Response 
        Unit established under subsection (d)(1).
    ``(b) Establishment of Office.--There is established in the 
Commission the Office of Nuclear Security and Incident Response.
    ``(c) Director.--
            ``(1) Appointment.--The Commission may appoint and 
        terminate a Director of Nuclear Security and Incident Response 
        to head the Office.
            ``(2) Duties.--The Director shall perform any duties 
        delegated by the Commission to the Director, including--
                    ``(A) carrying out security, safeguards, and 
                incident responses relating to--
                            ``(i) any facility owned or operated by a 
                        Commission licensee or certificate holder;
                            ``(ii) any property owned or in the 
                        possession of a Commission licensee or 
                        certificate holder that--
                                    ``(I) is significant to the common 
                                defense and security; or
                                    ``(II) is being transported to or 
                                from a facility described in clause 
                                (i); and
                            ``(iii) performing any other activity of a 
                        Commission licensee or certificate holder that 
                        is significant to the common defense and 
                        security;
                    ``(B) for a facility or material licensed or 
                certified under the Atomic Energy Act of 1954 (42 
                U.S.C. 2011 et seq.)--
                            ``(i) developing contingency plans for 
                        dealing with threats, thefts, and sabotage; and
                            ``(ii) monitoring, reviewing, and 
                        evaluating security and safeguards;
                    ``(C) recommending upgrades to internal accounting 
                systems for special nuclear and other materials 
                licensed or certified under the Atomic Energy Act of 
                1954 (42 U.S.C. 2011 et seq.);
                    ``(D) developing and recommending standards and 
                amendments to the standards of the Commission relating 
                to the duties described in subparagraphs (A) through 
                (C); and
                    ``(E) carrying out any other safeguards and 
                physical security functions that the Commission 
                determines to be appropriate.
            ``(3) Consultation.--In carrying out the duties under 
        paragraph (2), the Director shall, to the maximum extent 
        practicable, consult and coordinate with--
                    ``(A) other officers of the Commission; and
                    ``(B) other Federal agencies.
    ``(d) Security Response Unit.--
            ``(1) Establishment.--There is established in the Office 
        the Security Response Unit.
            ``(2) Head of unit.--The Unit shall be headed by an 
        Assistant Director for Security Response.
            ``(3) Mock terrorist team.--The personnel of the Unit shall 
        include a mock terrorist team comprised of--
                    ``(A) a number of individuals, consistent with the 
                threat, who have advanced knowledge of special weapons 
                and tactics comparable to special operations forces of 
                the Armed Forces;
                    ``(B) nuclear engineers, as appropriate;
                    ``(C) individuals with knowledge of the operations 
                of the sensitive nuclear facility who are capable of 
                actively disrupting the normal operations of the 
                sensitive nuclear facility; and
                    ``(D) any other individual that the Commission 
                determines should be a member of the mock terrorist 
                team.
            ``(4) Security response evaluations.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Commission shall 
                establish a security response evaluation program to 
                assess the ability of each sensitive nuclear facility 
                to defend against the threats in accordance with the 
                security plan for the sensitive nuclear facility.
                    ``(B) Frequency of evaluations.--Not less than once 
                every 3 years, the Commission shall conduct and 
                document security response evaluations at each 
                sensitive nuclear facility to assess the ability of the 
                private security force, in cooperation with the 
                antiterrorism team, at the  sensitive nuclear facility 
to defend against the threat.
                    ``(C) Security exemption.--The Commission may 
                suspend activities under this section if the Commission 
                determines that the security response evaluations would 
                compromise security at any sensitive nuclear facility 
                in accordance with a heightened threat level.
                    ``(D) Activities.--The security response evaluation 
                shall include force-on-force exercises by the mock 
                terrorist team against the sensitive nuclear facility 
                that simulate air, water, and land assaults, as 
                appropriate.
                    ``(E) Performance criteria.--The Commission shall 
                establish performance criteria for judging the security 
                response evaluations.
                    ``(F) Corrective action.--
                            ``(i) In general.--When any of the 
                        performance criteria established under 
                        subparagraph (E) are not satisfied--
                                    ``(I) the licensee shall promptly 
                                correct any defects in performance 
                                identified by the Commission in the 
                                security response evaluation; and
                                    ``(II) the Commission shall conduct 
                                an additional security response 
                                evaluation within 6 months to confirm 
                                that the licensee satisfies the 
                                performance criteria established under 
                                subparagraph (E).
                            ``(ii) 2 consecutive failures to satisfy 
                        all performance criteria.--
                                    ``(I) In general.--If a sensitive 
                                nuclear facility fails to satisfy all 
                                of the performance criteria established 
                                under subparagraph (E) in 2 consecutive 
                                security response evaluations, the 
                                Commission shall issue an order 
                                specifying the corrective actions that 
                                must be taken by the licensee of the 
                                sensitive nuclear facility.
                                    ``(II) Failure to take corrective 
                                action.--If the licensee of a sensitive 
                                nuclear facility does not take the 
                                corrective action specified by the 
                                Commission within 30 days after the 
                                date of issuance of an order under 
                                subclause (I), the Commission shall 
                                assess a civil penalty under section 
                                234.
                    ``(G) Reports.--Not less often than once every 
                year, the Commission shall submit to Congress and the 
                President a report, in classified form and unclassified 
                form, that describes the results of each security 
                response evaluation under this paragraph for the 
                previous year.
    ``(e) Emergency Response Exercises.--
            ``(1) In general.--Not less than once every 2 years, the 
        Commission, in coordination with the Director of the Federal 
        Emergency Management Agency, shall conduct emergency response 
        exercises to evaluate the ability of Federal, State, and local 
        emergency response personnel to respond to a radiological 
        emergency at the sensitive nuclear facility in accordance with 
        the emergency response plans.
            ``(2) Activities.--The emergency response exercises shall 
        evaluate--
                    ``(A) the response capabilities, response times, 
                and coordination and communication capabilities of the 
                response personnel;
                    ``(B) the effectiveness and adequacy of emergency 
                response and evacuation plans; and
                    ``(C) the availability of potassium iodide or other 
                prophylactic medicines.
            ``(3) Revision of emergency response plans.--The Commission 
        shall ensure that the emergency response plan for a sensitive 
        nuclear facility is revised to correct for any deficiencies 
        identified by an evaluation under this subsection.
            ``(4) Reports.--Not less than once every year, the 
        Commission shall submit to the President and Congress a report, 
        in classified form and unclassified form, that describes--
                    ``(A) the results of each emergency response 
                exercise under this subsection conducted in the 
                previous year; and
                    ``(B) each revision of an emergency response plan 
                made under paragraph (3) for the previous year.
    ``(f) Effect.--Nothing in this section limits any authority of the 
Department of Energy relating to the safe operation of facilities under 
the jurisdiction of the Department.''.
    (b) Conforming Amendments.--Title II of the Energy Reorganization 
Act of 1974 is amended--
            (1) in section 203(b) (42 U.S.C. 5843(b))--
                    (A) in paragraph (1), by striking ``licensing and 
                regulation involving'' and inserting ``licensing, 
                regulation, and, except as otherwise provided under 
                section 212, carrying out safety reviews, safeguards, 
                and physical security of'' ; and
                    (B) in paragraph (2), by striking ``and 
                safeguards''; and
            (2) in section 204(b) (42 U.S.C. 5844(b))--
                    (A) in paragraph (1)--
                            (i) by striking ``including'' and inserting 
                        ``not including''; and
                            (ii) by striking ``and materials.'' and 
                        inserting ``and materials, to the extent that 
                        the safeguards and security functions are 
                        delegated to the Office of Nuclear Security and 
                        Incident Response under section 212.''; and
                    (B) in paragraph (2)--
                            (i) by striking ``and safeguards''; and
                            (ii) by striking ``, as amended,'' and all 
                        that follows through the period and inserting 
                        ``(42 U.S.C. 2011 et seq.)''.

SEC. 6. CARRYING OF WEAPONS BY LICENSEE EMPLOYEES.

    Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 
2201 et seq.) (as amended by section 3(a)) is amended--
            (1) in section 161, by striking subsection k. and inserting 
        the following:
    ``k. authorize--
            ``(1) to carry a firearm in the performance of official 
        duties such of its members, officers, and employees, such of 
        the 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 being transported to 
        or from such facilities, and such of the employees of persons 
        licensed or certified by the Commission (including employees of 
        contractors of licensees or certificate holders) engaged in the 
        protection of facilities owned or operated by a Commission 
        licensee or certificate holder that are designated by the 
        Commission or in the protection of property of significance to 
        the common defense and security located at facilities owned or 
        operated by a Commission licensee or certificate holder or 
        being transported to or from such facilities, as the Commission 
        considers necessary, in view of site-specific conditions, in 
        the interest of the common defense and security; and
            ``(2) to carry and use any other weapons, devices, or 
        ammunition in the performance of officials duties, any 
employees of persons licensed or certified by the Commission (including 
employees of contractors of licensees or certificate holders) who are 
trained and qualified as guards and whose duty is the protection of 
facilities or property described in paragraph (1), regardless of 
whether the employees are Federal, State, or local law enforcement 
officers;'' and
            (2) by adding at the end the following:

``SEC. 170D. CARRYING OF WEAPONS.

    ``(a) Authority To Make Arrest.--
            ``(1) In general.--A person authorized under section 161k. 
        to carry a firearm, other weapon, device, or ammunition may, 
        while in the performance of, and in connection with, official 
        duties, detain or arrest an individual without a warrant for 
        any offense against the United States committed in the presence 
        of the person or for any felony under the laws of the United 
        States if the person has a reasonable ground to believe that 
        the individual has committed or is committing such a felony.
            ``(2) Limitation.--An employee of a contractor or 
        subcontractor or of a Commission licensee or certificate holder 
        (or a contractor of a licensee or certificate holder) 
        authorized to make an arrest under paragraph (1) may make an 
        arrest only after the Commission, licensee, or certificate 
        holder has applied for and been granted authorization from the 
        Commission--
                    ``(A) when the individual is within, or is in 
                flight directly from, the area in which the offense was 
                committed; and
                    ``(B) in the enforcement of--
                            ``(i) a law regarding the property of the 
                        United States in the custody of the Department 
                        of Energy, the Commission, or a contractor of 
                        the Department of Energy or Commission or a 
                        licensee or certificate holder of the 
                        Commission;
                            ``(ii) a law applicable to facilities owned 
                        or operated by a Commission licensee or 
                        certificate holder that are designated by the 
                        Commission under section 161k.;
                            ``(iii) a law applicable to property of 
                        significance to the common defense and security 
                        that is in the custody of a licensee or 
                        certificate holder or a contractor of a 
                        licensee or certificate holder of the 
                        Commission; or
                            ``(iv) any provision of this Act that 
                        subjects an offender to a fine, imprisonment, 
                        or both.
            ``(3) Other authority.--The arrest authority conferred by 
        this section is in addition to any arrest authority under other 
        law.
            ``(4) Guidelines--
                    ``(A) In general.--The Secretary and the 
                Commission, with the approval of the Attorney General, 
                shall issue guidelines to implement section 161k. and 
                this subsection.
                    ``(B) Effective date.--The authority to carry and 
                use weapons, devices, or ammunition provided to 
                employees described in section 161k.(2) and the 
                authority provided to those employees under this 
                subsection shall not be effective until the date on 
                which guidelines issued under subparagraph (A) become 
                effective.''.

SEC. 7. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

    (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201 et seq.) (as amended by section 6) is amended by adding at 
the end the following:

``SEC. 170E. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

    ``(a) Definitions.--In this section:
            ``(1) Sensitive radioactive material.--
                    ``(A) In general.--The term `sensitive radioactive 
                material' means--
                            ``(i) a material--
                                    ``(I) that is a source material, 
                                byproduct material, or special nuclear 
                                material; and
                                    ``(II) that is any other 
                                radioactive material (regardless of 
                                whether the material is or has been 
                                licensed or otherwise regulated under 
                                this Act) produced or made radioactive 
                                before or after the date of enactment 
                                of this section; and
                            ``(ii) that is in such a form or quantity 
                        or concentration that the Commission 
                        determines, based on and consistent with the 
                        recommendations of the task force, should be 
                        classified as `sensitive radioactive material' 
                        that warrants improved security and protection 
                        against loss, theft, or sabotage.
                    ``(B) Exclusion.--The term `sensitive radioactive 
                material' does not include nuclear fuel or spent 
                nuclear fuel.
            ``(2) Security threat.--The term `security threat' means--
                    ``(A) a threat of sabotage or theft of sensitive 
                radioactive material;
                    ``(B) a threat of use of sensitive radioactive 
                material in a radiological dispersal device; and
                    ``(C) any other threat of terrorist or other 
                criminal activity involving sensitive radioactive 
                material that could harm the health or safety of the 
                public due primarily to radiological properties of the 
                sensitive radioactive material, as determined by the 
                Commission based on and consistent with the 
                recommendations of the task force.
            ``(3) Task force.--The term `task force' has the meaning 
        given the term in section 170C(a).
    ``(b) Duties.--
            ``(1) In general.--The task force shall--
                    ``(A) evaluate the security of sensitive 
                radioactive material against security threats; and
                    ``(B) recommend administrative and legislative 
                actions to be taken to provide the maximum practicable 
                degree of security against security threats.
            ``(2) Considerations.--In carrying out paragraph (1), the 
        task force shall make recommendations to--
                    ``(A) determine the radioactive materials that 
                should be classified as sensitive radioactive 
                materials;
                    ``(B) develop a classification system for sensitive 
                radioactive materials that--
                            ``(i) is based on the potential for use by 
                        terrorists of sensitive radioactive material 
                        and the extent of the threat to public health 
                        and safety posed by that potential; and
                            ``(ii) takes into account--
                                    ``(I) radioactivity levels of 
                                sensitive radioactive material;
                                    ``(II) the dispersibility of 
                                sensitive radioactive material;
                                    ``(III) the chemical and material 
                                form of sensitive radioactive material; 
                                and
                                    ``(IV) other appropriate factors;
                    ``(C) develop a national system for recovery of 
                sensitive radioactive material that is lost or stolen, 
                taking into account the classification system 
                established under subparagraph (B);
                    ``(D) provide for the storage of sensitive 
                radioactive material that is not currently in use in a 
                safe and secure manner;
                    ``(E) develop a national tracking system for 
                sensitive radioactive material, taking into account the 
                classification system established under subparagraph 
                (B);
                    ``(F) develop methods to ensure the return or 
                proper disposal of sensitive radioactive material;
                    ``(G) modify current export controls on sensitive 
                radioactive materials so that, to the extent feasible, 
                exports from the United States of sensitive radioactive 
                materials are made only to foreign recipients that are 
                willing and able to control the sensitive radioactive 
                materials in the same manner as recipients in the 
                United States; and
                    ``(H) establish procedures to improve the security 
                of sensitive radioactive material in use, 
                transportation, and storage.
            ``(3) Procedures to improve security.--The procedures to 
        improve the security of sensitive radioactive material under 
        paragraph (2)(H) may include--
                    ``(A) periodic audits or inspections by the 
                Commission to ensure that sensitive radioactive 
                material is properly secured and can be fully accounted 
                for;
                    ``(B) evaluation by the Commission of security 
                measures taken by persons that possess sensitive 
                radioactive material;
                    ``(C) imposition of increased fines for violations 
                of regulations relating to security and safety measures 
                applicable to licensees that possess sensitive 
                radioactive material;
                    ``(D) conduct of background checks on individuals 
                with access to sensitive radioactive material;
                    ``(E) measures to ensure the physical security of 
                facilities in which sensitive radioactive material is 
                stored; and
                    ``(F) screening of shipments of sensitive 
                radioactive material to facilities that are 
                particularly at risk for sabotage to ensure that the 
                shipments do not contain explosives.
    ``(c) Report.--Not later than 90 days after the date of enactment 
of this section, and not less frequently than once every 3 years 
thereafter, the task force shall submit to the President and Congress a 
report in unclassified form (with a classified annex, if necessary) 
describing the administrative and legislative actions recommended under 
subsection (b)(1).
    ``(d) Administrative Action.--Not later than 60 days after the date 
of submission of the report under subsection (b), the Commission shall, 
based on and consistent with the recommendations of the task force, 
take such actions as are appropriate to--
            ``(1) revise the system for licensing sensitive radioactive 
        materials based on and consistent with the recommendations of 
        the task force; and
            ``(2) ensure that States that have entered into an 
        agreement under section 274b. establish compatible programs in 
        a timely manner.''.

SEC. 8. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) 
is amended in the first sentence by inserting ``or subject to the 
licensing authority of the Commission or to certification by the 
Commission under this Act or any other Act'' before the period at the 
end.

SEC. 9. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

    Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) 
is amended--
            (1) in the first sentence, by striking ``or who 
        intentionally and willfully attempts'' and inserting ``or who 
        attempts or conspires'';
            (2) in paragraph (2), by striking ``storage facility'' and 
        inserting ``storage, treatment, or disposal facility'';
            (3) in paragraph (3)--
                    (A) by striking ``such a utilization facility'' and 
                inserting ``a utilization facility licensed under this 
                Act''; and
                    (B) by striking ``or'' at the end;
            (4) in paragraph (4)--
                    (A) by striking ``facility licensed'' and inserting 
                ``or nuclear fuel fabrication facility licensed or 
                certified''; and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (5) by inserting after paragraph (4) the following:
            ``(5) any production, utilization, waste storage, waste 
        treatment, waste disposal, uranium enrichment, or nuclear fuel 
        fabrication facility subject to licensing or certification 
        under this Act during construction of the facility, if the 
        destruction or damage caused or attempted to be caused could 
        adversely affect public health and safety during the operation 
        of the facility;''.

SEC. 10. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Attorney General and the Nuclear Regulatory Commission shall submit to 
Congress a report that assesses the adequacy of the criminal 
enforcement provisions in chapter 18 of the Atomic Energy Act of 1954 
(42 U.S.C. 221 et seq.).

SEC. 11. PROTECTION OF WHISTLEBLOWERS.

    Section 211(a)(2) of the Energy Reorganization Act (42 U.S.C. 5851) 
is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) a contractor or subcontractor of the 
                Commission.''.

SEC. 12. TECHNICAL AND CONFORMING AMENDMENT.

    The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. 
prec. 2011) is amended--
             (1) by inserting after the item relating to section 149 
        the following:

        ``Sec. 149A. Access to nuclear facilities.'';
            and
            (2) by adding at the end of the item relating to chapter 14 
        the following:

        ``Sec. 170B. Uranium supply.
        ``Sec. 170C. Protection of sensitive nuclear facilities.
        ``Sec. 170D. Carrying of weapons.
        ``Sec. 170E. Sensitive Radioactive Material Security.''.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.




                                                       Calendar No. 747

107th CONGRESS

  2d Session

                                S. 1746

                          [Report No. 107-335]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 12, 2002

                       Reported with an amendment