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






                                                       Calendar No. 372
108th CONGRESS
  1st Session
                                S. 1043

                          [Report No. 108-190]

  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

                            November 6, 2003

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

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Nuclear Infrastructure 
Security Act of 2003''.</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. Designated Nuclear Facility.--The term `designated 
nuclear facility' means--</DELETED>
        <DELETED>    ``(1) an operating commercial nuclear power plant; 
        and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``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.''.</DELETED>

<DELETED>SEC. 3. DESIGNATED NUCLEAR FACILITY 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 DESIGNATED NUCLEAR 
              FACILITIES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Certificate holder.--The term `certificate 
        holder' means the holder of a certificate of compliance issued 
        by the Commission.</DELETED>
        <DELETED>    ``(2) Federal security coordinator.--The term 
        `Federal security coordinator' means the Federal security 
        coordinator assigned to a regional office of the 
        Commission.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Licensee.--The term `licensee' means the 
        holder of a license issued by the Commission.</DELETED>
<DELETED>    ``(b) Security Examination.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) classification of threats against 
                designated nuclear facilities as--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) a type of threat falling 
                        under the responsibility of a State or local 
                        government; or</DELETED>
                        <DELETED>    ``(iii) a type of threat the 
                        defense against which the Commission determines 
                        should be the responsibility of a licensee or 
                        certificate holder;</DELETED>
                <DELETED>    ``(B) coordination of Federal, State, and 
                local security efforts to protect against terrorist or 
                other criminal attacks at designated nuclear 
                facilities;</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) matters relating to the 
                        adequacy of emergency planning zones;</DELETED>
                        <DELETED>    ``(ii) matters relating to the 
                        adequacy and coordination of Federal, State, 
                        and local emergency planning and other 
                        measures; and</DELETED>
                        <DELETED>    ``(iii) matters relating to the 
                        adequacy of security plans for designated 
                        nuclear facilities;</DELETED>
                <DELETED>    ``(D) the system of threat levels, 
                consistent with the Homeland Security Advisory System 
                used to categorize the threats pertinent to designated 
                nuclear facilities, including--</DELETED>
                        <DELETED>    ``(i) procedures to ensure 
                        coordinated Federal, State, and local responses 
                        to changing threat levels for designated 
                        nuclear facilities;</DELETED>
                        <DELETED>    ``(ii) monitoring of threats 
                        against designated nuclear facilities; 
                        and</DELETED>
                        <DELETED>    ``(iii) procedures to notify 
                        licensees and certificate holders of a 
                        designated nuclear facility of changes in 
                        threat levels;</DELETED>
                <DELETED>    ``(E) the hiring and training standards 
                for members of private security forces at designated 
                nuclear facilities;</DELETED>
                <DELETED>    ``(F) the coordination of Federal 
                resources to expedite and improve the process of 
                conducting background checks under section 149; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Report.--Not later than 1 year after the 
        date of 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.</DELETED>
<DELETED>    ``(c) Revision of Design Basis Threats.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 180 days after 
        the date of 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.</DELETED>
        <DELETED>    ``(2) Protection of safeguards information.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) designated nuclear facilities; and</DELETED>
        <DELETED>    ``(2) materials designated by the 
        Commission.</DELETED>
<DELETED>    ``(e) Security Plans.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) revise the security plan to ensure 
                that the designated nuclear facility protects against 
                the appropriate design basis threats; and</DELETED>
                <DELETED>    ``(B) submit the security plan to the 
                Commission for review.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Emergency Response Plans.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Aspects of review.--The Commission shall 
        ensure that each emergency response plan provides, as 
        appropriate to the type of designated nuclear facility, for--
        </DELETED>
                <DELETED>    ``(A) the protection of public health and 
                safety, including the ability to implement protective 
                measures;</DELETED>
                <DELETED>    ``(B) clear definition and assignment of 
                responsibilities of emergency response 
                personnel;</DELETED>
                <DELETED>    ``(C) notification procedures;</DELETED>
                <DELETED>    ``(D) communication and coordination among 
                emergency response personnel;</DELETED>
                <DELETED>    ``(E) dissemination of information to the 
                public, both prior to, and in the event of, a 
                radiological emergency;</DELETED>
                <DELETED>    ``(F) adequate emergency facilities and 
                equipment at and around the designated nuclear 
                facility;</DELETED>
                <DELETED>    ``(G) the use of methods, systems, and 
                equipment for assessing and monitoring actual or 
                potential impacts of an emergency;</DELETED>
                <DELETED>    ``(H) a range of protective actions for 
                the public;</DELETED>
                <DELETED>    ``(I) means for controlling radiological 
                exposures and other hazardous exposures for emergency 
                response personnel;</DELETED>
                <DELETED>    ``(J) appropriate medical services for 
                contaminated individuals;</DELETED>
                <DELETED>    ``(K) general plans for recovery and 
                reentry; and</DELETED>
                <DELETED>    ``(L) radiological emergency response 
                training.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Training Program.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Grants.--The President may provide grants to 
        State and local governments to assist in carrying out this 
        section.</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.</DELETED>
<DELETED>    ``(h) Employee Security.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Federal Security Coordinators.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Responsibilities.--The Federal security 
        coordinator shall be responsible for--</DELETED>
                <DELETED>    ``(A) communicating with the Commission 
                and other Federal, State, and local authorities 
                concerning threats, including threats against a 
                designated nuclear facility;</DELETED>
                <DELETED>    ``(B) ensuring that a designated nuclear 
                facility maintains security consistent with the 
                security plan in accordance with the appropriate threat 
                level; and</DELETED>
                <DELETED>    ``(C) assisting in the coordination of 
                security measures among--</DELETED>
                        <DELETED>    ``(i) the private security force 
                        at a designated nuclear facility; and</DELETED>
                        <DELETED>    ``(ii) Federal, State, and local 
                        authorities, as appropriate.</DELETED>
<DELETED>    ``(j) Classified Information.--Nothing in this section 
supersedes any law (including a regulation) governing the disclosure of 
classified information or safeguards information.''.</DELETED>
<DELETED>    (b) Fingerprinting for Criminal History Record Checks.--
Section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) is 
amended--</DELETED>
        <DELETED>    (1) in subsection a.--</DELETED>
                <DELETED>    (A) by striking ``a. The Nuclear'' and all 
                that follows through ``section 147.'' and inserting the 
                following:</DELETED>
<DELETED>    ``a. In General.--</DELETED>
        <DELETED>    ``(1) Requirements.--The Commission shall 
        require--</DELETED>
                <DELETED>    ``(A) each licensee, certificate holder, 
                or applicant for a license or certificate to operate a 
                utilization facility under section 103 or 104(b); 
                and</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>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.'';</DELETED>
                <DELETED>    (B) by striking ``All fingerprints'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(2) Submission to the attorney general.--All 
        fingerprints'';</DELETED>
                <DELETED>    (C) by striking ``The costs'' and 
                inserting the following;</DELETED>
        <DELETED>    ``(3) Costs.--The costs'';</DELETED>
                <DELETED>    (D) by striking ``Notwithstanding'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(4) Provision to licensee, certificate holder, 
        or applicant.--Notwithstanding''; and</DELETED>
                <DELETED>    (E) by striking ``licensee or applicant'' 
                each place it appears and inserting ``licensee, 
                certificate holder, or applicant for a license or 
                certificate'';</DELETED>
        <DELETED>    (2) in subsection c., by striking ``, subject to 
        public notice and comment, regulations'' and inserting 
        ``requirements'';</DELETED>
        <DELETED>    (3) by redesignating subsection d. as subsection 
        e.; and</DELETED>
        <DELETED>    (4) by inserting after subsection c. the 
        following:</DELETED>
<DELETED>    ``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.''.</DELETED>

<DELETED>SEC. 4. OFFICE OF NUCLEAR SECURITY AND INCIDENT 
              RESPONSE.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT 
              RESPONSE.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Certificate holder.--The term `certificate 
        holder' has the meaning given the term in section 170C(a) of 
        the Atomic Energy Act of 1954.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Director.--The term `Director' means the 
        Director of Nuclear Security and Incident Response appointed 
        under subsection (c) to head the Office.</DELETED>
        <DELETED>    ``(4) Licensee.--The term `licensee' has the 
        meaning given the term in section 170C(a) of the Atomic Energy 
        Act of 1954.</DELETED>
        <DELETED>    ``(5) Office.--The term `Office' means the Office 
        of Nuclear Security and Incident Response established by 
        subsection (b).</DELETED>
<DELETED>    ``(b) Establishment of Office.--There is established in 
the Commission the Office of Nuclear Security and Incident 
Response.</DELETED>
<DELETED>    ``(c) Director.--</DELETED>
        <DELETED>    ``(1) Appointment.--The Commission may appoint and 
        remove from office a Director of Nuclear Security and Incident 
        Response.</DELETED>
        <DELETED>    ``(2) Duties.--</DELETED>
                <DELETED>    ``(A) In general.--The Director shall 
                perform such functions as the Commission delegates to 
                the Director.</DELETED>
                <DELETED>    ``(B) Functions.--The functions delegated 
                to the Director may include--</DELETED>
                        <DELETED>    ``(i) carrying out security, 
                        safeguards, and incident responses relating 
                        to--</DELETED>
                                <DELETED>    ``(I) any facility owned 
                                or operated by a Commission licensee or 
                                certificate holder;</DELETED>
                                <DELETED>    ``(II) any property owned 
                                or in the possession of a licensee or 
                                certificate holder that--</DELETED>
                                        <DELETED>    ``(aa) is 
                                        significant to the common 
                                        defense and security; 
                                        or</DELETED>
                                        <DELETED>    ``(bb) is being 
                                        transported to or from a 
                                        facility described in clause 
                                        (i); and</DELETED>
                                <DELETED>    (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;</DELETED>
                        <DELETED>    ``(ii) for a facility or material 
                        licensed or certified under the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2011 et seq.)--
                        </DELETED>
                                <DELETED>    ``(I) developing 
                                contingency plans for dealing with 
                                threats, thefts, and sabotage; 
                                and</DELETED>
                                <DELETED>    ``(II) monitoring, 
                                reviewing, and evaluating security and 
                                safeguards;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) developing and recommending 
                        standards and amendments to the standards of 
                        the Commission relating to the duties described 
                        in clauses (i) through (iii); and</DELETED>
                <DELETED>    ``(E) carrying out any other safeguards 
                and physical security functions and incident response 
                functions that the Commission determines to be 
                appropriate.</DELETED>
        <DELETED>    ``(3) Consultation.--In carrying out the duties 
        under paragraph (2), the Director shall, to the extent 
        practicable, consult and coordinate with other Federal 
        agencies.</DELETED>
<DELETED>    ``(d) Security Response Evaluations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Performance criteria.--The Commission shall 
        establish performance criteria for judging the security 
        response evaluations.</DELETED>
        <DELETED>    ``(6) Corrective action.--</DELETED>
                <DELETED>    ``(A) In general.--When any of the 
                performance criteria established under paragraph (5) 
                are not satisfied--</DELETED>
                        <DELETED>    ``(i) the licensee or certificate 
                        holder shall promptly correct any defects in 
                        performance identified by the Commission in the 
                        security response evaluation; and</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) 2 consecutive failures to satisfy 
                performance criteria.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(C) Effect.--Nothing in this paragraph 
                limits any enforcement authority of the Commission to 
                take action in response to deficiencies identified 
                through security evaluations.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Emergency Response Exercises.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Activities.--In carrying out their functions 
        under paragraph (1), the Commission and the Secretary of 
        Homeland Security shall evaluate--</DELETED>
                <DELETED>    ``(A) the response capabilities, response 
                times, and coordination and communication capabilities 
                of the response personnel; and</DELETED>
                <DELETED>    ``(B) the effectiveness and adequacy of 
                emergency response and the ability to take protective 
                actions.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) the results of each emergency 
                response exercise under this subsection conducted in 
                the previous year; and</DELETED>
                <DELETED>    ``(B) each revision of an emergency 
                response plan made under paragraph (3) for the previous 
                year that is substantive in nature.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--Title II of the Energy 
Reorganization Act of 1974 is amended--</DELETED>
        <DELETED>    (1) in section 203(b) (42 U.S.C. 5843(b))--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``and 
                safeguards''; and</DELETED>
        <DELETED>    (2) in section 204(b) (42 U.S.C. 5844(b))--
        </DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``including'' and 
                        inserting ``not including''; and</DELETED>
                        <DELETED>    (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.''.</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``and 
                        safeguards''; and</DELETED>
                        <DELETED>    (ii) by striking ``, as amended,'' 
                        and all that follows through the period and 
                        inserting ``(42 U.S.C. 2011 et 
                        seq.)''.</DELETED>

<DELETED>SEC. 5. GUARDING OF NUCLEAR FACILITIES, EQUIPMENT, AND 
              MATERIAL.</DELETED>

<DELETED>    (a) Transporting of short-barreled shotgun or rifle.--
Section 922 of title 18, United States Code, is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) in subsection (o)(2)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by striking 
                ``or'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (B), by striking the 
                period at the end and inserting ``; or''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Authorization for Importation of Firearm or 
Ammunition.--Section 925(d)(1) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(A)'' before ``is being''; 
        and</DELETED>
        <DELETED>    (2) by inserting after the semicolon the 
        following: ``or</DELETED>
        <DELETED>    ``(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;''.</DELETED>
<DELETED>    (c) Interstate Transportation of Firearms.--Section 926A 
of title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``Notwithstanding'' and inserting 
        the following:</DELETED>
<DELETED>    ``(a) In General.--Notwithstanding''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Semiautomatic Assault Weapons; Large Capacity 
Ammunition Feeding Devices.--Section 922 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (v)(4)(B)--</DELETED>
                <DELETED>    (A) by inserting ``or certificate holder'' 
                after ``licensee'' each place that term 
                appears;</DELETED>
                <DELETED>    (B) by inserting ``or certificate holder-
                authorized'' after ``licensee-authorized''; 
                and</DELETED>
                <DELETED>    (C) by inserting ``or equipment'' after 
                ``materials''; and</DELETED>
        <DELETED>    (2) in subsection (w)(3)(B)--</DELETED>
                <DELETED>    (A) by inserting ``or certificate holder'' 
                after ``licensee'' each place that term 
                appears;</DELETED>
                <DELETED>    (B) by inserting ``or certificate holder-
                authorized'' after ``licensee-authorized''; 
                and</DELETED>
                <DELETED>    (C) by inserting ``or equipment'' after 
                ``materials''.</DELETED>

<DELETED>SEC. 6. TREATMENT OF ACCELERATOR-PRODUCED AND OTHER 
              RADIOACTIVE MATERIAL AS BYPRODUCT MATERIAL.</DELETED>

<DELETED>    (a) Definition of Byproduct Material.--Section 11e. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) is amended--</DELETED>
        <DELETED>    (1) by striking ``means (1) any radioactive'' and 
        inserting ``means--</DELETED>
        <DELETED>    ``(1) any radioactive'';</DELETED>
        <DELETED>    (2) by striking ``material, and (2) the tailings'' 
        and inserting ``material;</DELETED>
        <DELETED>    ``(2) the tailings''; and</DELETED>
        <DELETED>    (3) by striking ``content.'' and inserting 
        ``content; and</DELETED>
        <DELETED>    ``(3)(A) any discrete source of radium-226; 
        or</DELETED>
        <DELETED>    ``(B) any material that--</DELETED>
                <DELETED>    ``(i) has been made radioactive by use of 
                a particle accelerator; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) any discrete source of naturally occurring 
        radioactive material, other than source material that--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Agreements.--Section 274b. of the Atomic Energy Act of 
1954 (42 U.S.C. 2021) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (3) and (4) as 
        paragraphs (5) and (6), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (2) the 
        following:</DELETED>
        <DELETED>    ``(3) byproduct materials (as defined in section 
        11e.(3));</DELETED>
        <DELETED>    ``(4) byproduct materials (as defined in section 
        11e.(4));''.</DELETED>
<DELETED>    (c) Regulations.--</DELETED>
        <DELETED>    (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))).</DELETED>
        <DELETED>    (2) Cooperation.--The Commission shall cooperate 
        with the States in formulating the regulations under paragraph 
        (1).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. UNAUTHORIZED INTRODUCTION OF DANGEROUS 
              WEAPONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 8. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.</DELETED>

<DELETED>    Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 
2284(a)) is amended--</DELETED>
        <DELETED>    (1) in the first sentence, by striking ``or who 
        intentionally and willfully attempts'' and inserting ``or who 
        attempts or conspires'';</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``storage 
        facility'' and inserting ``storage, treatment, or disposal 
        facility'';</DELETED>
        <DELETED>    (3) in paragraph (3)--</DELETED>
                <DELETED>    (A) by striking ``such a utilization 
                facility'' and inserting ``a utilization facility 
                licensed under this Act''; and</DELETED>
                <DELETED>    (B) by striking ``or'' at the 
                end;</DELETED>
        <DELETED>    (4) in paragraph (4)--</DELETED>
                <DELETED>    (A) by striking ``facility licensed'' and 
                inserting ``uranium conversion or nuclear fuel 
                fabrication facility licensed or certified''; 
                and</DELETED>
                <DELETED>    (B) by striking the period at the end and 
                inserting a semicolon; and</DELETED>
        <DELETED>    (5) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(6) any primary facility or backup facility from 
        which a radiological emergency preparedness alert and warning 
        system is activated; or</DELETED>
        <DELETED>    ``(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;''.</DELETED>

<DELETED>SEC. 9. EVALUATION OF ADEQUACY OF ENFORCEMENT 
              PROVISIONS.</DELETED>

<DELETED>    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.).</DELETED>

<DELETED>SEC. 10. PROTECTION OF WHISTLEBLOWERS.</DELETED>

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

<DELETED>SEC. 11. TECHNICAL AND CONFORMING AMENDMENT.</DELETED>

<DELETED>    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:</DELETED>

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

<DELETED>SEC. 12. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There are authorized to be appropriated 
such sums as are necessary to carry out the amendments made by this 
title.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in clause (i), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in clause (ii), by striking the period at the 
        end and inserting ``; and'' and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

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 a facility that the Commission classifies as a 
designated nuclear facility under section 170C(b).
    ``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 under this Act.
            ``(2) Federal security coordinator.--The term `Federal 
        security coordinator' means a Federal security coordinator as 
        assigned under this Act.
            ``(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) Classes of Designated Nuclear Facility.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the Commission shall, by 
        regulation, establish classes of designated nuclear facility.
            ``(2) Classification.--The Commission shall classify 
        facilities licensed by the Commission or issued a certificate 
        by the Commission, including--
                    ``(A) commercial nuclear power plants;
                    ``(B) independent spent fuel storage installations;
                    ``(C) decommissioned nuclear power plants;
                    ``(D) fuel processing facilities;
                    ``(E) gaseous diffusion facilities; and
                    ``(F) any other facility that the Commission 
                determines should be classified as a designated nuclear 
                facility.
            ``(3) Factors.--In determining whether to classify a 
        facility as a designated nuclear facility, the Commission shall 
        consider--
                    ``(A) the nature or type of facility;
                    ``(B) the nature or type of potential radiological 
                release from the facility; and
                    ``(C) other factors relating to protecting public 
                health and safety, the environment, and the common 
                defense and security.
    ``(c) Security Examination.--
            ``(1) In general.--The Commission and the Secretary of 
        Homeland Security, in consultation with other agencies and 
        State and local governments as appropriate, shall examine--
                    ``(A) potential threats to nuclear facilities, as 
                appropriate, including consideration of--
                            ``(i) threats comparable to the events of 
                        September 11, 2001;
                            ``(ii) cyber threats, chemical threats, and 
                        biological threats;
                            ``(iii) attacks on nuclear facilities by 
                        multiple coordinated teams of a large number of 
                        individuals;
                            ``(iv) attacks by several persons, 
                        including persons employed at the nuclear 
                        facility, some of whom may have sophisticated 
                        knowledge of the operations of the nuclear 
                        facility;
                            ``(v) attacks by individuals willing to 
                        commit suicide to carry out the attacks;
                            ``(vi) intrusions originating from water or 
                        from the air; and
                            ``(vii) fire, especially fire of a long 
                        duration;
                    ``(B) classification of threats against nuclear 
                facilities, as appropriate, 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 should be the responsibility of a 
                        licensee or certificate holder;
                    ``(C) the national security response capability, 
                including--
                            ``(i) identification of the obligations and 
                        authorities of the United States for protection 
                        of areas (including waterways, ports, roadways, 
                        airspace, or facilities in the vicinity of a 
                        nuclear facility) in the event of a terrorist 
                        threat or a terrorist attack against a nuclear 
                        facility, as appropriate;
                            ``(ii) identification of the Federal, 
                        State, and local agencies responsible for 
                        carrying out the obligations and authorities of 
                        the United States identified under clause (i); 
                        and
                            ``(iii) coordination between the Federal, 
                        State and local agencies identified under 
                        clause (ii), the Commission, and licensees or 
                        certificate holders of nuclear facilities, for 
                        protection of nuclear facilities and adjacent 
                        areas in the event of a terrorist threat or a 
                        terrorist attack;
                    ``(D) coordination of Federal, State, and local 
                security efforts to protect against terrorist or other 
                criminal attacks at nuclear facilities, as appropriate;
                    ``(E) the adequacy of planning to protect the 
                public health and safety at and around nuclear 
                facilities, as appropriate, in the event of a terrorist 
                attack against a 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 those nuclear facilities;
                    ``(F) the system of threat levels, consistent with 
                the Homeland Security Advisory System, used to 
                categorize the threats pertinent to nuclear facilities, 
                as appropriate, including--
                            ``(i) procedures to ensure coordinated 
                        Federal, State, and local responses to changing 
                        threat levels for those nuclear facilities;
                            ``(ii) monitoring of threats against those 
                        nuclear facilities; and
                            ``(iii) procedures to notify licensees and 
                        certificate holders of those nuclear facilities 
                        of changes in threat levels;
                    ``(G) the hiring and training standards for members 
                of private security forces at nuclear facilities, as 
                appropriate;
                    ``(H) the coordination of Federal resources to 
                expedite and improve the process of conducting 
                background checks under section 149;
                    ``(I) the establishment 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 
                nuclear facilities, as appropriate, including 
                recommendations for the establishment of a grant 
                program to assist State and local governments in 
                carrying out any recommendations under paragraph (3); 
                and
                    ``(J) options for protecting spent fuel storage 
                areas, such as dry cask storage, and associated 
                infrastructure.
            ``(2) Completion.--The Commission and the Secretary of 
        Homeland Security shall complete the security examination under 
        paragraph (1) not later than 1 year after the date of enactment 
        of this section.
            ``(3) Report.--Not later than 180 days 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.
    ``(d) Revision of Design Basis Threats.--
            ``(1) In general.--Not later than 180 days after completion 
        of the report under subsection (c)(3), 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) Applicability.--A revised design basis threat under 
        paragraph (1) shall apply to such classes of designated nuclear 
        facility as the Commission determines to be appropriate.
            ``(3) Protection of safeguards information.--
                    ``(A) In general.--In promulgating any regulations 
                under this subsection, the Commission shall ensure 
                protection of information in accordance with chapter 
                12, section 181, and any other applicable law.
                    ``(B) Effect of section.--Nothing in this section 
                supersedes any law governing the disclosure of 
                classified information or safeguards information.
                    ``(C) Reports to congress on withheld 
                information.--
                            ``(i) Report.--Not later than 60 days after 
                        the effective date of the regulations required 
                        by this subsection, the Commission shall submit 
                        to Congress a report, in classified and 
                        unclassified form, describing any classified 
                        information, safeguards information, or other 
                        information that the Commission considered in 
                        promulgating the regulations but did not make 
                        available to the public because of the 
                        sensitive nature of the information.
                            ``(ii) Orders to licensees or certificate 
                        holders.--Periodically, but not less than once 
                        every 6 months, the Commission shall submit to 
                        Congress a report, in classified and 
                        unclassified form, identifying any orders or 
instructions to operators, licensees, or certificate holders issued 
under the regulations required by this subsection that were not made 
public because of their classified content, safeguards content, or 
sensitive content.
    ``(e) Threat Levels.--Not later than 150 days after the date of 
submission of the report under subsection (c)(3), the Commission shall 
establish a system for the determination of threat levels pertinent 
to--
            ``(1) such classes of designated nuclear facility as the 
        Commission determines to be appropriate; and
            ``(2) materials subject to this Act as designated by the 
        Commission.
    ``(f) Security Plans.--
            ``(1) In general.--Pursuant to any action taken by the 
        Commission under subsection (d)(1) to revise a design basis 
        threat, not later than 30 days after the revised design basis 
        threat under subsection (d) becomes effective, the Commission 
        shall require each licensee or certificate holder of a 
        designated nuclear facility that is subject to the revised 
        design basis threat to--
                    ``(A) revise the security plan of that designated 
                nuclear facility to ensure that that 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--
                    ``(A) the proximity of the designated nuclear 
                facility to large population areas; and
                    ``(B) other critical factors identified by the 
                Commission.
            ``(3) Upgrades to security.--The Commission shall ensure 
        that the licensee or certificate holder of each designated 
        nuclear facility that is subject to the revised design basis 
        threat 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.
    ``(g) Emergency Response Plans and Preparedness.--
            ``(1) In general.--The Commission and the Secretary of 
        Homeland Security, in consultation with other Federal, State, 
        and local government agencies, as appropriate, shall review and 
        update the requirements in effect on the date of enactment of 
        this section for on-site and off-site emergency response plans 
        and preparedness for response to an emergency involving a 
        designated nuclear facility in such classes of designated 
        nuclear facility as the Commission determines to be appropriate 
        to ensure that the requirements--
                    ``(A) are adequate to protect public health and 
                safety;
                    ``(B) provide reasonable assurance that the plans 
                can and will be implemented; and
                    ``(C) provide reasonable assurance that adequate 
                protective measures can and will be taken in the event 
                of such an emergency.
            ``(2) Requirements.--At a minimum, the updated requirements 
        applicable to a designated nuclear facility under paragraph (1) 
        shall provide for--
                    ``(A) the establishment of, clear definition of, 
                assignment of, and assurance of the ability to carry 
                out, responsibilities of emergency response 
                organizations and personnel among the licensee or 
                certificate holder, State and local organizations, and 
                other supporting organizations;
                    ``(B) methods and procedures for the clear and 
                prompt notification of State and local response 
                organizations and the public by the licensee or 
                certificate holder;
                    ``(C) methods and procedures for prompt 
                communication and coordination among emergency response 
                organizations and personnel and the public;
                    ``(D) dissemination of information to the public, 
                including pre-emergency education on a periodic basis 
                and in the event of an actual emergency;
                    ``(E) adequate emergency facilities and equipment 
                at and around the designated nuclear facility;
                    ``(F) the use of appropriate methods, systems, and 
                equipment for assessing and monitoring actual and 
                potential impacts of an emergency, including a 
                radiological emergency;
                    ``(G) a range of protective actions for the public, 
                including appropriate evacuation and sheltering and the 
                prophylactic use of potassium iodide;
                    ``(H) means for controlling radiological exposures 
                and other hazardous exposures;
                    ``(I) appropriate medical services;
                    ``(J) recovery and reentry plans; and
                    ``(K) radiological emergency response training.
            ``(3) Factors.--The updated requirements under paragraph 
        (1) shall address relevant factors, including--
                    ``(A) population density, topography, land 
                characteristics, access routes, and jurisdictional 
                boundaries;
                    ``(B) unique aspects of an emergency resulting from 
                a terrorist attack;
                    ``(C) available technology and technical 
                innovations; and
                    ``(D) other factors, as determined by the 
                Commission or the Secretary of Homeland Security.
            ``(4) Stakeholder involvement.--In updating requirements 
        under paragraph (1), the Commission and the Secretary of 
        Homeland Security shall include requirements for appropriate 
        stakeholder involvement in the planning and exercise process, 
        including the involvement of--
                    ``(A) local governments;
                    ``(B) large employers;
                    ``(C) facilities such as schools, hospitals, 
                nursing homes, and prisons;
                    ``(D) advocacy groups; and
                    ``(E) other interested groups and individuals near 
                a designated nuclear facility.
            ``(5) Regulations.--
                    ``(A) In general.--The Commission and the Secretary 
                of Homeland Security shall promulgate regulations 
                implementing this subsection not later than 180 days 
                following the completion of the report under subsection 
                (c)(3).
                    ``(B) Effective date.--The regulations shall take 
                effect not later than 90 days after the date of 
                promulgation.
            ``(6) Reviews.--
                    ``(A) In general.--Not later than 60 days after the 
                effective date of the regulations under paragraph (5), 
                the Commission, in coordination with the Secretary of 
                Homeland Security and, as appropriate, in consultation 
                with other Federal, State, and local government 
                agencies, shall begin reviewing on-site and off-site 
                emergency response plans and preparedness capabilities 
                for compliance with the regulations.
                    ``(B) Review schedule.--The Commission, in 
                coordination with the Secretary of Homeland Security, 
                shall establish a priority schedule for conducting 
                reviews of emergency response plans and preparedness 
                capabilities under subparagraph (A) based on the 
                relative vulnerability of the designated nuclear 
                facilities that are subject to the regulations and the 
                proximity of the designated nuclear facilities to high 
                population density areas.
                    ``(C) Report.--The Commission, in coordination with 
                the Secretary of Homeland Security, shall submit to 
                Congress a report, in classified and unclassified form, 
                describing the results of each review conducted under 
                subparagraph (A).
            ``(7) Effect of subsection.--Nothing in this subsection 
        limits the authority of the Commission or the Secretary of 
        Homeland Security to take other actions for protection of the 
        public health and safety, the environment, or the common 
        defense and security under any other authority of the 
        Commission or the Secretary of Homeland Security.
    ``(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 nuclear facilities.
            ``(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 in such classes of 
        designated nuclear facility as the Commission determines to be 
        appropriate.
    ``(i) Federal Security Coordinators.--
            ``(1) Regional offices.--Not later than 18 months 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 in such classes of designated nuclear 
                facilities as the Commission determines to be 
                appropriate;
                    ``(B) ensuring that a designated nuclear facility 
                in such classes of designated nuclear facility as the 
                Commission determines to be appropriate 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 in such classes of 
                        designated nuclear facilities as the Commission 
                        determines to be appropriate; and
                            ``(ii) Federal, State, and local 
                        authorities, as appropriate.
            ``(3) Additional federal security coordinators.--
                    ``(A) In general.--The Commission may assign an 
                additional Federal security coordinator, as the 
                Commission considers appropriate, to a Commission 
                office on the site of a designated nuclear facility.
                    ``(B) Request by governor.--The Governor of any 
                State that contains a designated nuclear facility may 
                request the assignment of an additional Federal 
                security coordinator to 1 or more designated nuclear 
                facilities in that State.
    ``(j) National Security Capability.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the President shall identify the 
        national security support capability to protect designated 
        nuclear facilities against terrorist threats and attacks.
            ``(2) Elements.--The national security support capability 
        shall use capabilities of such Federal agencies identified in 
        the report under subsection (c)(3), or of other Federal, State, 
        and local agencies, as the President determines to be 
        appropriate.
            ``(3) Capabilities.--
                    ``(A) In general.--The national security support 
                capability shall provide assistance to the private 
                security force at each designated nuclear facility in 
                such classes of designated nuclear facilities as the 
                Commission determines to be appropriate, appropriate 
                State and local agencies including emergency response 
                and law enforcement agencies, and where appropriate, 
                the National Guard, in accordance with the obligations 
                and authorities of the United States, as identified in 
                the report to Congress required under subsection 
                (c)(3).
                    ``(B) Coordination.--The President shall ensure 
                that effective coordination exists between Federal 
                agencies, the Commission, and State and local 
                governments in planning and deployment for prevention, 
                deterrence, and response to actual or potential 
                terrorist attacks against such classes of designated 
                nuclear facility as the Commission considers 
                appropriate.
            ``(4) Training program.--
                    ``(A) In general.--The President shall establish a 
                program to provide technical assistance and training to 
                Federal agencies, the National Guard, and State and 
                local law enforcement and emergency response agencies 
                in responding to threats against a designated nuclear 
                facility.
                    ``(B) Grants.--The President may provide grants to 
                State and local governments to assist in carrying out 
                subparagraph (A).
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.
    ``(k) Classified Information.--Nothing in this section supersedes 
any law 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.--
                    ``(A) In general.--The Commission shall require--
                            ``(i) each licensee, certificate holder, or 
                        applicant for a license or certificate to 
                        operate a utilization facility under section 
                        103 or 104(b); and
                            ``(ii) 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 described in subparagraph (B).
                    ``(B) Individuals required to be fingerprinted.--
                The Commission shall require to be fingerprinted each 
                individual who--
                            ``(i) is permitted unescorted access to--
                                    ``(I) a utilization facility; or
                                    ``(II) radioactive material or 
                                other property identified by the 
                                Commission under subparagraph (A)(ii); 
                                or
                            ``(ii) 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) by redesignating subsection d. as subsection e.; and
            (3) 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 for identification approved for use 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 subject to the 
                                jurisdiction of the Commission under 
                                the Atomic Energy Act of 1954 (42 
                                U.S.C. 2011 et seq.);
                                    ``(II) any property subject to the 
                                jurisdiction of the Commission under 
                                the Atomic Energy Act of 1954 (42 
                                U.S.C. 2011 et seq.) 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
                    ``(C) carrying out such other duties of the 
                Commission regarding safeguards and physical security 
                functions and incident response functions as 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 that is part of a class of 
        designated nuclear facilities that the Commission considers 
        appropriate 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 that 
        is part of a class of designated nuclear facilities that the 
        Commission considers appropriate 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), 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 and, as appropriate, in consultation with other 
Federal, State, and local response agencies and stakeholders, shall 
observe and evaluate emergency response exercises to determine 
whether--
                    ``(A) on-site and off-site emergency response plans 
                for, and capabilities for response to an emergency 
                involving, each designated nuclear facility in such 
                classes of designated nuclear facility as the 
                Commission determines to be appropriate are adequate to 
                protect public health and safety; and
                    ``(B) there is reasonable assurance that--
                            ``(i) those plans and capabilities can and 
                        will be implemented; and
                            ``(ii) adequate protective measures can and 
                        will be taken in the event of an emergency.
            ``(2) Assessment of ability to respond.--Exercises under 
        paragraph (1) shall assess the ability of Federal, State, and 
        local emergency response agencies and emergency response 
        personnel of a licensee or certificate holder to respond 
        adequately to an emergency involving the designated nuclear 
        facility.
            ``(3) High population density areas.--The Commission, in 
        coordination with the Secretary of Homeland Security and, as 
        appropriate, in consultation with other Federal, State, and 
        local agencies and stakeholders, may observe and evaluate 
        exercises more frequently at designated nuclear facilities 
        located in high population density areas.
            ``(4) Performance-based approach.--The Commission, in 
        cooperation with the Secretary of Homeland Security, shall 
        promptly establish performance criteria for use in evaluating 
        the results of the exercises under paragraph (1), including 
        criteria relating to--
                    ``(A) response times and capabilities;
                    ``(B) coordination and communication among response 
                personnel and organizations;
                    ``(C) emergency equipment, public notification 
                systems, and communications networks;
                    ``(D) feasible evacuation of individuals; and
                    ``(E) other matters determined by the Commission or 
                the Secretary of Homeland Security.
            ``(5) Scenarios.--The evaluations under paragraph (1) shall 
        assess the ability of the emergency response plans to protect 
        public health and safety and provide reasonable assurance that 
        adequate protective measures can and will be taken in 
        responding to a broad range of accident scenarios, including--
                    ``(A) fast-breaking events that occur with little 
                or no warning;
                    ``(B) radiological releases of significant 
                magnitude;
                    ``(C) significant spontaneous evacuations;
                    ``(D) significant shadow evacuations;
                    ``(E) terrorist attacks; and
                    ``(F) other scenarios determined by the Commission 
                or the Secretary of Homeland Security.
            ``(6) Deficiencies.--
                    ``(A) Notification.--The Commission, in 
                coordination with the Secretary of Homeland Security, 
                shall promptly notify licensees or certificate holders, 
                the Governor of any State that may be affected, and any 
                other appropriate Federal, State, or local agencies or 
                stakeholders of any weaknesses or deficiencies in an 
                emergency response plan or in emergency preparedness 
                capabilities identified as the result of an evaluation 
                under paragraph (1).
                    ``(B) Failure to correct.--If weaknesses or 
                deficiencies in emergency response plans or in 
                preparedness capabilities are not promptly corrected, 
                the Commission shall take appropriate action under 
                section 107 or other enforcement authorities available 
                to the Commission to--
                            ``(i) ensure adequate protection of public 
                        health and safety; and
                            ``(ii) provide reasonable assurance that 
                        plans can and will be implemented and that 
                        adequate protective measures can and will be 
                        taken in the event of an emergency.
            ``(7) Report.--Not less than once annually, the Commission 
        and the Secretary of Homeland Security shall submit to the 
        President and Congress a report, in classified and unclassified 
        form, that describes--
                    ``(A) the results of each exercise evaluated in the 
                previous year; and
                    ``(B) each revision of an emergency response plan 
                or emergency preparedness capabilities made under 
                paragraph (6) in the previous year that is substantive 
                in nature.
            ``(8) Maintenance.--The Commission shall take such action 
        as is necessary to ensure that adequate emergency response 
        plans and capabilities are maintained during the intervals 
        between exercises.
            ``(9) Effect of subsection.--Nothing in this subsection 
        limits the authority of the Commission or the Secretary of 
        Homeland Security to take other actions for protection of the 
        public health and safety, the environment, or the common 
        defense and security under any other authority of the 
        Commission or the Secretary of Homeland Security.
    ``(f) Effect.--Nothing in this section limits any authority of the 
Secretary 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 
Secretary.''.
    (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 authorized 
        under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
        seq.),''; 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 authorized under the Atomic Energy Act 
        of 1954 (42 U.S.C. 2011 et seq.).''.
    (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 authorized 
under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).''.
    (d) Importation of Firearms.--Section 5844 of the Internal Revenue 
Code of 1986 (26 U.S.C. 5844) is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by inserting ``or'' after the 
        semicolon; and
            (3) by inserting after paragraph (3) the following:
            ``(4) a machinegun or short-barreled shotgun 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;'' .
    (e) 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. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

    Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et 
seq.) (as amended by section 3) is amended by adding at the end the 
following:

``SEC. 170D. 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, 
                                by-product material, or special nuclear 
                                material; or
                                    ``(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 
                        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.
    ``(b) Duties.--
            ``(1) In general.--The Commission, in consultation with 
        Secretary of Homeland Security, Secretary of Energy, Director 
        of Central Intelligence, Director of the Federal Bureau of 
        Investigation, Director of the Customs Service, and 
        Administrator of the Environmental Protection Agency, shall--
                    ``(A) evaluate the security of sensitive 
                radioactive material against security threats; and
                    ``(B) recommend administrative and legislative 
                actions to be taken to provide an acceptable level of 
                security against security threats.
            ``(2) Considerations.--In carrying out paragraph (1), the 
        Commission shall consider actions, as appropriate 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;
                                    ``(IV) the need to maintain access 
                                by physicians and other medical 
                                professionals to sensitive radioactive 
                                material and pharmaceuticals containing 
                                sensitive radioactive material for use 
                                in connection with medical diagnosis or 
                                treatment; and
                                    ``(V) 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) consider export controls on sensitive 
                radioactive materials so that, to the extent feasible, 
                exports from the United States of sensitive radioactive 
                materials are made to foreign recipients that are 
                willing and able to control the sensitive radioactive 
                materials in a manner that is inimical to the common 
                defense and security of 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 persons 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 1 year after the date of enactment of 
this section, and not less frequently than once every 3 years 
thereafter, the Commission 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 (c), the Commission shall 
take such actions as are appropriate to--
            ``(1) revise the system for licensing sensitive radioactive 
        materials; and
            ``(2) delegate the authority of the Commission to implement 
        regulatory programs and requirements to States that enter into 
        agreements with the Commission to perform inspections and other 
        functions on a cooperative basis as the Commission considers 
        appropriate.''.

SEC. 7. 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 that 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; 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. 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 
                ``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. 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 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. 170D. Sensitive radioactive material security.''.

SEC. 13. 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.''.




                                                       Calendar No. 372

108th CONGRESS

  1st Session

                                S. 1043

                          [Report No. 108-190]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            November 6, 2003

                       Reported with an amendment