[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1043 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1043

  To provide for the security of commercial nuclear power plants and 
      facilities designated by the Nuclear Regulatory Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2003

  Mr. Inhofe introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To provide for the security of commercial nuclear power plants and 
      facilities designated by the Nuclear Regulatory Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Infrastructure Security Act 
of 2003''.

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. Designated Nuclear Facility.--The term `designated nuclear 
facility' means--
            ``(1) an operating commercial nuclear power plant; and
            ``(2) any other facility owned or operated by a licensee or 
        certificate holder that the Commission determines should be 
        included within the meaning of the term.
    ``kk. Private Security Force.--The term `private security force', 
with respect to a designated nuclear facility, means personnel hired or 
contracted by the licensee or certificate holder of the designated 
nuclear facility to provide security at the designated nuclear 
facility.''.

SEC. 3. DESIGNATED 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 DESIGNATED NUCLEAR FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Certificate holder.--The term `certificate holder' 
        means the holder of a certificate of compliance issued by the 
        Commission.
            ``(2) Federal security coordinator.--The term `Federal 
        security coordinator' means the Federal security coordinator 
        assigned to a regional office of the Commission.
            ``(3) Design basis threat.--The term `design basis threat' 
        means the threat components or capability of an adversary 
        against which a nuclear facility is responsible for defending 
        under regulations, orders, or other directives of the 
        Commission.
            ``(4) Licensee.--The term `licensee' means the holder of a 
        license issued by the Commission.
    ``(b) Security Examination.--
            ``(1) In general.--The Commission, in coordination with the 
        Secretary of Homeland Security and in consultation with other 
        agencies and State and local governments as appropriate, shall 
        examine--
                    ``(A) classification of threats against designated 
                nuclear facilities as--
                            ``(i) a type of threat falling under the 
                        responsibilities of the Federal Government, 
                        including an act by an enemy of the United 
                        States, whether a foreign government or any 
                        other person;
                            ``(ii) a type of threat falling under the 
                        responsibility of a State or local government; 
                        or
                            ``(iii) a type of threat the defense 
                        against which the Commission determines should 
                        be the responsibility of a licensee or 
                        certificate holder;
                    ``(B) coordination of Federal, State, and local 
                security efforts to protect against terrorist or other 
                criminal attacks at designated nuclear facilities;
                    ``(C) the adequacy of planning to protect the 
                public health and safety in the event of a terrorist 
                attack against a designated nuclear facility, 
                including--
                            ``(i) matters relating to the adequacy of 
                        emergency planning zones;
                            ``(ii) matters relating to the adequacy and 
                        coordination of Federal, State, and local 
                        emergency planning and other measures; and
                            ``(iii) matters relating to the adequacy of 
                        security plans for designated nuclear 
                        facilities;
                    ``(D) the system of threat levels, consistent with 
                the Homeland Security Advisory System used to 
                categorize the threats pertinent to designated nuclear 
                facilities, including--
                            ``(i) procedures to ensure coordinated 
                        Federal, State, and local responses to changing 
                        threat levels for designated nuclear 
                        facilities;
                            ``(ii) monitoring of threats against 
                        designated nuclear facilities; and
                            ``(iii) procedures to notify licensees and 
                        certificate holders of a designated nuclear 
                        facility of changes in threat levels;
                    ``(E) the hiring and training standards for members 
                of private security forces at designated nuclear 
                facilities;
                    ``(F) the coordination of Federal resources to 
                expedite and improve the process of conducting 
                background checks under section 149; and
                    ``(G) the creation by the Secretary of Homeland 
                Security 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 designated nuclear facility, including recommendations for the 
establishment of a grant program to assist State and local governments 
in carrying out any recommended actions under this section.
            ``(2) Report.--Not later than 1 year after completion of 
        the security examination under paragraph (1), the Commission 
        and the Secretary of Homeland Security shall submit to the 
        President and Congress, in classified and unclassified form, a 
        report with recommendations and findings.
    ``(c) Revision of Design Basis Threats.--
            ``(1) In general.--Not later than 180 days after completion 
        of the security examination under subsection (b), the 
        Commission shall by regulation revise the design basis threats 
        promulgated before the date of enactment of this section as the 
        Commission determines to be appropriate based on the security 
        examination.
            ``(2) Protection of safeguards information.--
                    ``(A) In general.--In promulgating any regulations 
                under this subsection, the Commission shall ensure 
                protection of safeguards information in accordance with 
                section 147 and of classified national security 
                information.
                    ``(B) Procedure.--Notwithstanding any requirement 
                of chapter 5 of title 5, United States Code, or any 
                other law, the Commission may conduct rulemaking under 
                this subsection in a manner that fully protects 
                safeguards information and classified national security 
                information.
    ``(d) Threat Levels.--Not later than 150 days after the date of 
submission of the report under subsection (b)(2), the Commission shall 
establish a system for the determination of threat levels pertinent 
to--
            ``(1) designated nuclear facilities; and
            ``(2) materials designated by the Commission.
    ``(e) Security Plans.--
            ``(1) In general.--Pursuant to any action taken by the 
        Commission under subsection (c)(1) to revise a design basis 
        threat, not later than 1 year after the date of the revision, 
        the Commission shall require each licensee or certificate 
        holder of a designated nuclear facility to--
                    ``(A) revise the security plan to ensure that the 
                designated nuclear facility protects against the 
                appropriate design basis threats; and
                    ``(B) submit the security plan to the Commission 
                for review.
            ``(2) Review schedule.--The Commission shall establish a 
        priority schedule for conducting reviews of security plans 
        based on the proximity of the designated nuclear facility to 
        large population areas.
            ``(3) Upgrades to security.--The Commission shall ensure 
        that the licensee or certificate holder of each designated 
        nuclear facility makes any changes to security and the security 
        plan required from the Commission review on a schedule 
        established by the Commission, but not to exceed 18 months 
        after completion of the review.
    ``(f) Emergency Response Plans.--
            ``(1) In general.--Not later than 21 months after the date 
        of enactment of this section, the Commission shall review, in 
        consultation with the Secretary of Homeland Security and, as 
        appropriate, State and local governments, the emergency 
        response plans for each designated nuclear facility to ensure 
        that each emergency response plan provides for protection of 
        persons in the emergency response planning zone.
            ``(2) Aspects of review.--The Commission shall ensure that 
        each emergency response plan provides, as appropriate to the 
        type of designated nuclear facility, 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, 
                both prior to, and in the event of, a radiological 
                emergency;
                    ``(F) adequate emergency facilities and equipment 
                at and around the designated nuclear facility;
                    ``(G) the use of methods, systems, and equipment 
                for assessing and monitoring actual or potential 
                impacts of an emergency;
                    ``(H) a range of protective actions for the public;
                    ``(I) means for controlling radiological exposures 
                and other hazardous exposures for emergency response 
                personnel;
                    ``(J) appropriate medical services for contaminated 
                individuals;
                    ``(K) general 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 
        designated nuclear facilities based on the proximity of such 
        facilities to large population areas.
            ``(4) Upgrades to emergency response plan.--The Commission 
        shall ensure that the licensee or certificate holder of each 
        designated nuclear facility revises, as necessary, the 
        emergency response plan for review by the Commission on a 
        schedule established by the Commission.
    ``(g) Training Program.--
            ``(1) In general.--Not later than 1 year after submission 
        of the report under subsection (b)(2), the President shall 
        establish, based on and consistent with the findings and 
        recommendations contained in the report submitted under 
        subsection (b)(2), 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 
        designated nuclear facility.
            ``(2) Grants.--The President may provide grants 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.
    ``(h) Employee Security.--
            ``(1) Review.--Not later than 180 days after the date of 
        enactment of this section, the Commission shall review and 
        update as appropriate the access and training standards for 
        employees of a designated nuclear facility.
            ``(2) Disqualification of individuals who present national 
        security risks.--The Commission shall establish qualifications 
        and procedures, in addition to fingerprinting for criminal 
        history record checks conducted under section 149, to ensure 
        that no individual who presents a threat to national security 
        is employed at a designated nuclear facility.
    ``(i) Federal Security Coordinators.--
            ``(1) Regional offices.--Not later than 180 days after the 
        date of enactment of this section, the Commission shall assign 
        a Federal security coordinator, under the employment of the 
        Commission, to each region of the Commission.
            ``(2) 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 a designated nuclear 
                facility;
                    ``(B) ensuring that a designated nuclear facility 
                maintains security consistent with the security plan in 
                accordance with the appropriate threat level; and
                    ``(C) assisting in the coordination of security 
                measures among--
                            ``(i) the private security force at a 
                        designated nuclear facility; and
                            ``(ii) Federal, State, and local 
                        authorities, as appropriate.
    ``(j) Classified Information.--Nothing in this section supersedes 
any law (including a regulation) governing the disclosure of classified 
information or safeguards information.''.
    (b) Fingerprinting for Criminal History Record Checks.--Section 149 
of the Atomic Energy Act of 1954 (42 U.S.C. 2169) is amended--
            (1) in subsection a.--
                    (A) by striking ``a. The Nuclear'' and all that 
                follows through ``section 147.'' and inserting the 
                following:
    ``a. In General.--
            ``(1) Requirements.--The Commission shall require--
                    ``(A) each licensee, certificate holder, or 
                applicant for a license or certificate to operate a 
                utilization facility under section 103 or 104(b); and
                    ``(B) each licensee or applicant for a license to 
                possess or use radioactive material or other property 
                subject to regulation by the Commission that the 
                Commission determines to be of such significance to the 
                public health and safety or the common defense and 
                security as to warrant fingerprinting and background 
                checks;
        to fingerprint each individual who is permitted unescorted 
        access to the facility, radioactive material, or other property 
        or is permitted access to safeguards information under section 
        147.'';
                    (B) by striking ``All fingerprints'' and inserting 
                the following:
            ``(2) Submission to the attorney general.--All 
        fingerprints'';
                    (C) by striking ``The costs'' and inserting the 
                following;
            ``(3) Costs.--The costs'';
                    (D) by striking ``Notwithstanding'' and inserting 
                the following:
            ``(4) Provision to licensee, certificate holder, or 
        applicant.--Notwithstanding''; and
                    (E) by striking ``licensee or applicant'' each 
                place it appears and inserting ``licensee, certificate 
                holder, or applicant for a license or certificate'';
            (2) in subsection c., by striking ``, subject to public 
        notice and comment, regulations'' and inserting 
        ``requirements'';
            (3) by redesignating subsection d. as subsection e.; and
            (4) by inserting after subsection c. the following:
    ``d. Use of Other Biometric Methods.--Any requirement for a person 
to conduct fingerprinting under this section may be satisfied by using 
any other biometric method used for identification by the Attorney 
General.''.

SEC. 4. 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) Certificate holder.--The term `certificate holder' 
        has the meaning given the term in section 170C(a) of the Atomic 
        Energy Act of 1954.
            ``(2) Designated nuclear facility.--The term `designated 
        nuclear facility' has the meaning given the term in section 11 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
            ``(3) Director.--The term `Director' means the Director of 
        Nuclear Security and Incident Response appointed under 
        subsection (c) to head the Office.
            ``(4) Licensee.--The term `licensee' has the meaning given 
        the term in section 170C(a) of the Atomic Energy Act of 1954.
            ``(5) Office.--The term `Office' means the Office of 
        Nuclear Security and Incident Response established by 
        subsection (b).
    ``(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 remove 
        from office a Director of Nuclear Security and Incident 
        Response.
            ``(2) Duties.--
                    ``(A) In general.--The Director shall perform such 
                functions as the Commission delegates to the Director.
                    ``(B) Functions.--The functions delegated to the 
                Director may include--
                            ``(i) 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 licensee or certificate 
                                holder that--
                                            ``(aa) is significant to 
                                        the common defense and 
                                        security; or
                                            ``(bb) is being transported 
                                        to or from a facility described 
                                        in clause (i); and
                                    (III) any other activity of a 
                                licensee or certificate holder, subject 
                                to the requirements of the Atomic 
                                Energy Act of 1954 (42 U.S.C. 2011 et 
                                seq.), that is significant to the 
                                common defense and security;
                            ``(ii) 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;
                            ``(iii) 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.); and
                            ``(iv) developing and recommending 
                        standards and amendments to the standards of 
                        the Commission relating to the duties described 
                        in clauses (i) through (iii); and
                    ``(E) carrying out any other safeguards and 
                physical security functions and incident response 
                functions that the Commission determines to be 
                appropriate.
            ``(3) Consultation.--In carrying out the duties under 
        paragraph (2), the Director shall, to the extent practicable, 
        consult and coordinate with other Federal agencies.
    ``(d) Security Response Evaluations.--
            ``(1) 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 designated nuclear facility to defend against threats in 
        accordance with the security plan for the designated nuclear 
        facility.
            ``(2) Frequency of evaluations.--Not less than once every 3 
        years, the Commission shall conduct and document security 
        response evaluations at each designated nuclear facility to 
        assess the ability of the private security force of the 
        designated nuclear facility to defend against applicable design 
        basis threats.
            ``(3) Security exemption.--The Commission may suspend 
        activities under this section if the Commission determines that 
        the security response evaluations would compromise security at 
        any designated nuclear facility in accordance with a heightened 
        threat level.
            ``(4) Activities.--The security response evaluation shall 
        include force-on-force exercises that simulate the security 
        threats consistent with the design basis threats applicable to 
        the designated nuclear facility.
            ``(5) Performance criteria.--The Commission shall establish 
        performance criteria for judging the security response 
        evaluations.
            ``(6) Corrective action.--
                    ``(A) In general.--When any of the performance 
                criteria established under paragraph (5) are not 
                satisfied--
                            ``(i) the licensee or certificate holder 
                        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 
                        9 months to confirm that the licensee or 
                        certificate holder satisfies the performance 
                        criteria established under paragraph (5).
                    ``(B) 2 consecutive failures to satisfy performance 
                criteria.--
                            ``(i) In general.--If a designated nuclear 
                        facility fails to satisfy the performance 
                        criteria established under paragraph (5) in 2 
                        consecutive security response evaluations, the 
                        Commission shall issue an order specifying the 
                        corrective actions that must be taken by the 
                        licensee or certificate holder of the 
                        designated nuclear facility.
                            ``(ii) Failure to take corrective action.--
                        If the licensee or certificate holder of a 
                        designated nuclear facility does not take the 
                        corrective action specified by the Commission 
                        within 30 days after the date of issuance of an 
                        order under clause (i), and the Commission 
                        determines that the failure could compromise 
public health and safety, the Commission shall assess a civil penalty 
under section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 2282).
                    ``(C) Effect.--Nothing in this paragraph limits any 
                enforcement authority of the Commission to take action 
                in response to deficiencies identified through security 
                evaluations.
            ``(7) 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 Secretary of Homeland 
        Security shall observe and evaluate emergency response 
        exercises to assess the ability of Federal, State, and local 
        emergency response agencies and emergency response personnel of 
        a licensee or certificate holder to respond to a radiological 
        emergency at the designated nuclear facility in accordance with 
        the emergency response plans.
            ``(2) Activities.--In carrying out their functions under 
        paragraph (1), the Commission and the Secretary of Homeland 
        Security shall evaluate--
                    ``(A) the response capabilities, response times, 
                and coordination and communication capabilities of the 
                response personnel; and
                    ``(B) the effectiveness and adequacy of emergency 
                response and the ability to take protective actions.
            ``(3) Plans.--The Commission shall ensure that the 
        emergency response plan for a designated 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 that is 
                substantive in nature.
    ``(f) Effect.--Nothing in this section limits any authority of the 
Department of Energy relating to the security and safeguarding of 
special nuclear materials, high-level radioactive waste, and nuclear 
facilities resulting from all activities 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.''.
                    (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. 5. GUARDING OF NUCLEAR FACILITIES, EQUIPMENT, AND MATERIAL.

    (a) Transporting of short-barreled shotgun or rifle.--Section 922 
of title 18, United States Code, is amended--
            (1) in subsection (a)(4), by striking ``or licensed 
        collector,'' and inserting the following: ``licensed collector, 
        or a licensee or certificate holder under title I of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2011 et seq.), or an employee or 
        contractor of such a licensee or certificate holder, that holds 
        the license or certificate for the purpose of establishing and 
        maintaining an on-site physical protection system and security 
        organization required by Federal law or for the purpose of 
        licensee-authorized or certificate holder-authorized training 
        or transportation of nuclear material or equipment,''; and
            (2) in subsection (o)(2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(C) a transfer to a licensee or certificate holder under 
        title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
        seq.) for purposes of establishing and maintaining an on-site 
        physical protection system and security organization required 
        by Federal law, or possession by an employee or contractor of 
        the licensee or certificate holder on-site for such purposes or 
        off-site for purposes of licensee-authorized or certificate 
        holder-authorized training or transportation of nuclear 
        materials or equipment.''.
    (b) Authorization for Importation of Firearm or Ammunition.--
Section 925(d)(1) of title 18, United States Code, is amended--
            (1) by inserting ``(A)'' before ``is being''; and
            (2) by inserting after the semicolon the following: ``or
            ``(B) is being imported or brought in for transfer to a 
        licensee or certificate holder under title I of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of 
        establishing and maintaining an on-site physical protection 
system and security organization required by Federal law;''.
    (c) Interstate Transportation of Firearms.--Section 926A of title 
18, United States Code, is amended--
            (1) by striking ``Notwithstanding'' and inserting the 
        following:
    ``(a) In General.--Notwithstanding''; and
            (2) by adding at the end the following:
    ``(b) Licensees and Certificate Holders of the Nuclear Regulatory 
Commission.--Notwithstanding any other provision of any law or any rule 
or regulation of a State or any political subdivision of a State, a 
licensee or certificate holder under title I of the Atomic Energy Act 
of 1954 (42 U.S.C. 2011 et seq.), or an employee or contractor of such 
a licensee or certificate holder, that is not otherwise prohibited by 
this chapter from transporting, shipping, receiving, or possessing a 
firearm shall be entitled to transport and possess a firearm for 
purposes of establishing and maintaining an onsite physical protection 
system and security organization required by Federal law, and for 
purposes of licensee-authorized or certificate holder-authorized 
training or transportation of nuclear material or equipment.''.
    (d) Semiautomatic Assault Weapons; Large Capacity Ammunition 
Feeding Devices.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (v)(4)(B)--
                    (A) by inserting ``or certificate holder'' after 
                ``licensee'' each place that term appears;
                    (B) by inserting ``or certificate holder-
                authorized'' after ``licensee-authorized''; and
                    (C) by inserting ``or equipment'' after 
                ``materials''; and
            (2) in subsection (w)(3)(B)--
                    (A) by inserting ``or certificate holder'' after 
                ``licensee'' each place that term appears;
                    (B) by inserting ``or certificate holder-
                authorized'' after ``licensee-authorized''; and
                    (C) by inserting ``or equipment'' after 
                ``materials''.

SEC. 6. TREATMENT OF ACCELERATOR-PRODUCED AND OTHER RADIOACTIVE 
              MATERIAL AS BYPRODUCT MATERIAL.

    (a) Definition of Byproduct Material.--Section 11e. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(e)) is amended--
            (1) by striking ``means (1) any radioactive'' and inserting 
        ``means--
            ``(1) any radioactive'';
            (2) by striking ``material, and (2) the tailings'' and 
        inserting ``material;
            ``(2) the tailings''; and
            (3) by striking ``content.'' and inserting ``content; and
            ``(3)(A) any discrete source of radium-226; or
            ``(B) any material that--
                    ``(i) has been made radioactive by use of a 
                particle accelerator; and
                    ``(ii) is produced, extracted, or converted after 
                extraction, before, on, or after the date of enactment 
                of this paragraph, for use in a commercial, medical, or 
                research activity; and
            ``(4) any discrete source of naturally occurring 
        radioactive material, other than source material that--
                    ``(A) the Nuclear Regulatory Commission determines 
                (after consultation with the Administrator of the 
                Environmental Protection Agency, the Secretary of 
                Energy, the Secretary of Homeland Security, and the 
                head of any other appropriate Federal agency), would 
                pose a threat similar to that posed by a discrete 
                source of radium-226 to the public health and safety or 
                the common defense and security; and
                    ``(B) before, on, or after the date of enactment of 
                this paragraph, is extracted or converted after 
                extraction, for use in a commercial, medical, or 
                research activity.''.
    (b) Agreements.--Section 274b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2021) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) byproduct materials (as defined in section 11e.(3));
            ``(4) byproduct materials (as defined in section 
        11e.(4));''.
    (c) Regulations.--
            (1) In general.--Not later than the effective date of this 
        section, the Nuclear Regulatory Commission shall promulgate 
        final regulations establishing such requirements and standards 
        as the Commission considers necessary for the acquisition, 
        possession, transfer, use, or disposal of byproduct material 
        (as defined in paragraphs (3) and (4) of section 11e. of the 
        Atomic Energy Act of 1954 (as added by subsection (a))).
            (2) Cooperation.--The Commission shall cooperate with the 
        States in formulating the regulations under paragraph (1).
            (3) Transition.--To ensure an orderly transition of 
        regulatory authority with respect to byproduct material as 
        defined in paragraphs (3) and (4) of section 11e. of the Atomic 
        Energy Act of 1954 (as added by subsection (a)), not later than 
180 days before the effective date of this section, the Nuclear 
Regulatory Commission shall prepare and provide public notice of a 
transition plan developed in coordination with States that--
                    (A) have not, before the effective date of this 
                section, entered into an agreement with the Commission 
                under section 274b. of the Atomic Energy Act of 1954 
                (42 U.S.C. 2021); or
                    (B) in the case of a State that has entered into 
                such an agreement, has not, before the effective date 
                of this section, applied for an amendment to the 
                agreement that would permit assumption by the State of 
                regulatory responsibility for such byproduct material.
    (d) Effective Date.--Except with respect to matters that the 
Nuclear Regulatory Commission determines are required to be addressed 
earlier to protect the public health and safety or to promote the 
common defense and security, the amendments made by this section take 
effect on the date that is 4 years after the date of enactment of this 
Act.

SEC. 7. 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. 8. 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 
                ``uranium conversion or nuclear fuel fabrication 
                facility licensed or certified''; and
                    (B) by striking the period at the end and inserting 
                a semicolon; 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;
            ``(6) any primary facility or backup facility from which a 
        radiological emergency preparedness alert and warning system is 
        activated; or
            ``(7) any radioactive material or other property subject to 
        regulation by the Nuclear Regulatory Commission that, before 
        the date of the offense, the Nuclear Regulatory Commission 
        determines, by order or regulation published in the Federal 
        Register, is of significance to the public health and safety or 
        to common defense and security;''.

SEC. 9. 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. 10. 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. 11. TECHNICAL AND CONFORMING AMENDMENT.

    The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. 
prec. 2011) is amended by adding at the end of the items relating to 
chapter 14 the following:

        ``Sec. 170B. Uranium supply.
        ``Sec. 170C. Protection of designated nuclear facilities.''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out the amendments made by this title.
    (b) Aggregate Amount of Charges.--Section 6101 of the Omnibus 
Budget Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is 
amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and'' and
            (3) by adding at the end the following:
                    ``(iii) amounts appropriated to the Commission for 
                homeland security activities of the Commission for the 
                fiscal year, except for the costs of fingerprinting and 
                background checks required by section 149 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2169) and the costs of 
                conducting security inspections.''.
                                 <all>