[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 131 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 131

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2003

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Security Act of 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) Private Security Force.--The term `private security force', 
with respect to a sensitive nuclear facility, means personnel hired or 
contracted by the licensee of the sensitive nuclear facility to provide 
security at the sensitive nuclear facility.
    ``(kk) Sensitive Nuclear Facility.--
            ``(1) In general.--The term `sensitive nuclear facility' 
        means a facility licensed by the Commission (or the portion of 
        a facility used in the conduct of an activity licensed by the 
        Commission).
            ``(2) Inclusions.--The term `sensitive nuclear facility' 
        includes--
                    ``(A) an operating commercial nuclear power plant;
                    ``(B) an independent spent fuel storage facility;
                    ``(C) any portion of a commercial nuclear power 
                plant that is being decommissioned or a portion of a 
                commercial nuclear power plant that contains material 
                licensed by the Commission;
                    ``(D) a category I fuel cycle facility; and
                    ``(E) a gaseous diffusion plant.''.

SEC. 3. NUCLEAR FACILITY SECURITY.

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

``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES.

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

SEC. 4. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

    (a) In General.--Title II of the Energy Reorganization Act of 1974 
(42 U.S.C. 5841 et seq.) is amended by adding at the end the following:

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

    ``(a) Definitions.--In this section:
            ``(1) Antiterrorism team.--The term `antiterrorism team' 
        has the meaning given the term in section 170C(a) of the Atomic 
        Energy Act of 1954.
            ``(2) Assistant director.--The term `Assistant Director' 
        means the Assistant Director for Security Response.
            ``(3) Director.--The term `Director' means the Director of 
        Nuclear Security and Incident Response appointed under 
        subsection (c).
            ``(4) Mock terrorist team.--The term `mock terrorist team' 
        means the mock terrorist team described in subsection (d)(3).
            ``(5) Office.--The term `Office' means the Office of 
        Nuclear Security and Incident Response established by 
        subsection (b).
            ``(6) Sensitive nuclear facility.--The term `sensitive 
        nuclear facility' has the meaning given the term in section 11 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
            ``(7) Threat.--The term `threat' has the meaning given the 
        term in section 170C(a) of the Atomic Energy Act of 1954.
            ``(8) Unit.--The term `Unit' means the Security Response 
        Unit established under subsection (d)(1).
    ``(b) Establishment of Office.--There is established in the 
Commission the Office of Nuclear Security and Incident Response.
    ``(c) Director.--
            ``(1) Appointment.--The Commission may appoint and 
        terminate a Director of Nuclear Security and Incident Response 
        to head the Office.
            ``(2) Duties.--The Director shall perform any duties 
        delegated by the Commission to the Director, including--
                    ``(A) carrying out security, safeguards, and 
                incident responses relating to--
                            ``(i) any facility licensed or certified 
                        under this Act;
                            ``(ii) any property owned or in the 
                        possession of a Commission licensee or 
                        certificate holder that--
                                    ``(I) is significant to the common 
                                defense and security; or
                                    ``(II) is being transported to or 
                                from a facility described in clause 
                                (i); and
                            ``(iii) any other activity of a Commission 
                        licensee or certificate holder, subject to the 
                        requirements of this Act, that is significant 
                        to the common defense and security;
                    ``(B) for a facility or material licensed or 
                certified under the Atomic Energy Act of 1954 (42 
                U.S.C. 2011 et seq.)--
                            ``(i) developing contingency plans for 
                        dealing with threats, thefts, and sabotage; and
                            ``(ii) monitoring, reviewing, and 
                        evaluating security and safeguards;
                    ``(C) recommending upgrades to internal accounting 
                systems for special nuclear and other materials 
                licensed or certified under the Atomic Energy Act of 
                1954 (42 U.S.C. 2011 et seq.);
                    ``(D) developing and recommending standards and 
                amendments to the standards of the Commission relating 
                to the duties described in subparagraphs (A) through 
                (C); and
                    ``(E) carrying out any other safeguards and 
                physical security functions that the Commission 
                determines to be appropriate.
            ``(3) Consultation.--In carrying out the duties under 
        paragraph (2), the Director shall, to the maximum extent 
        practicable, consult and coordinate with--
                    ``(A) other officers of the Commission; and
                    ``(B) other Federal agencies.
    ``(d) Security Response Unit.--
            ``(1) Establishment.--There is established in the Office 
        the Security Response Unit.
            ``(2) Head of unit.--The Unit shall be headed by an 
        Assistant Director for Security Response.
            ``(3) Mock terrorist team.--The personnel of the Unit shall 
        include a mock terrorist team comprised of--
                    ``(A) a number of individuals, consistent with the 
                threat, who have advanced knowledge of special weapons 
                and tactics comparable to special operations forces of 
                the Armed Forces;
                    ``(B) nuclear engineers, as appropriate;
                    ``(C) individuals with knowledge of the operations 
                of the sensitive nuclear facility who are capable of 
                actively disrupting the normal operations of the 
                sensitive nuclear facility; and
                    ``(D) any other individual that the Commission 
                determines should be a member of the mock terrorist 
                team.
            ``(4) Security response evaluations.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Commission shall 
                establish a security response evaluation program to 
                assess the ability of each sensitive nuclear facility 
                to defend against the threats in accordance with the 
                security plan for the sensitive nuclear facility.
                    ``(B) Frequency of evaluations.--Not less than once 
                every 3 years, the Commission shall conduct and 
                document security response evaluations at each 
                sensitive nuclear facility to assess the ability of the 
                private security force, in cooperation with the 
                antiterrorism team, at the sensitive nuclear facility 
                to defend against the threat.
                    ``(C) Security exemption.--The Commission may 
                suspend activities under this section if the Commission 
                determines that the security response evaluations would 
                compromise security at any sensitive nuclear facility 
                in accordance with a heightened threat level.
                    ``(D) Activities.--The security response evaluation 
                shall include force-on-force exercises by the mock 
                terrorist team against the sensitive nuclear facility 
                that simulate air, water, and land assaults, as 
                appropriate.
                    ``(E) Performance criteria.--The Commission shall 
                establish performance criteria for judging the security 
                response evaluations.
                    ``(F) Corrective action.--
                            ``(i) In general.--When any of the 
                        performance criteria established under 
                        subparagraph (E) are not satisfied--
                                    ``(I) the licensee shall promptly 
                                correct any defects in performance 
                                identified by the Commission in the 
                                security response evaluation; and
                                    ``(II) the Commission shall conduct 
                                an additional security response 
                                evaluation within 6 months to confirm 
                                that the licensee satisfies the 
                                performance criteria established under 
                                subparagraph (E).
                            ``(ii) 2 consecutive failures to satisfy 
                        all performance criteria.--
                                    ``(I) In general.--If a sensitive 
                                nuclear facility fails to satisfy the 
                                performance criteria established under 
                                subparagraph (E) in 2 consecutive 
                                security response evaluations, the 
                                Commission shall issue an order 
                                specifying the corrective actions that 
                                must be taken by the licensee of the 
                                sensitive nuclear facility.
                                    ``(II) Failure to take corrective 
                                action.--If the licensee of a sensitive 
                                nuclear facility does not take the 
                                corrective action specified by the 
                                Commission within 30 days after the 
                                date of issuance of an order under 
                                subclause (I), the Commission shall 
                                assess a civil penalty under section 
                                234.
                    ``(G) Reports.--Not less often than once every 
                year, the Commission shall submit to Congress and the 
                President a report, in classified form and unclassified 
                form, that describes the results of each security 
                response evaluation under this paragraph for the 
                previous year.
    ``(e) Emergency Response Exercises.--
            ``(1) In general.--Not less than once every 2 years, the 
        Commission, in coordination with the Director of the Federal 
        Emergency Management Agency, shall conduct emergency response 
        exercises to evaluate the ability of Federal, State, and local 
        emergency response personnel to respond to a radiological 
        emergency at the sensitive nuclear facility in accordance with 
        the emergency response plans.
            ``(2) Activities.--The emergency response exercises shall 
        evaluate--
                    ``(A) the response capabilities, response times, 
                and coordination and communication capabilities of the 
                response personnel;
                    ``(B) the effectiveness and adequacy of emergency 
                response and evacuation plans; and
                    ``(C) the availability of potassium iodide or other 
                prophylactic medicines.
            ``(3) Revision of emergency response plans.--The Commission 
        shall ensure that the emergency response plan for a sensitive 
        nuclear facility is revised to correct for any deficiencies 
        identified by an evaluation under this subsection.
            ``(4) Reports.--Not less than once every year, the 
        Commission shall submit to the President and Congress a report, 
        in classified form and unclassified form, that describes--
                    ``(A) the results of each emergency response 
                exercise under this subsection conducted in the 
                previous year; and
                    ``(B) each revision of an emergency response plan 
                made under paragraph (3) for the previous year.
    ``(f) Effect.--Nothing in this section limits any authority of the 
Department of Energy relating to the safe operation of facilities under 
the jurisdiction of the Department.''.
    (b) Conforming Amendments.--Title II of the Energy Reorganization 
Act of 1974 is amended--
            (1) in section 203(b) (42 U.S.C. 5843(b))--
                    (A) in paragraph (1), by striking ``licensing and 
                regulation involving'' and inserting ``licensing, 
                regulation, and, except as otherwise provided under 
                section 212, carrying out safety reviews, safeguards, 
                and physical security of'' ; and
                    (B) in paragraph (2), by striking ``and 
                safeguards''; and
            (2) in section 204(b) (42 U.S.C. 5844(b))--
                    (A) in paragraph (1)--
                            (i) by striking ``including'' and inserting 
                        ``not including''; and
                            (ii) by striking ``and materials.'' and 
                        inserting ``and materials, to the extent that 
                        the safeguards and security functions are 
                        delegated to the Office of Nuclear Security and 
                        Incident Response under section 212.''; and
                    (B) in paragraph (2)--
                            (i) by striking ``and safeguards''; and
                            (ii) by striking ``, as amended,'' and all 
                        that follows through the period and inserting 
                        ``(42 U.S.C. 2011 et seq.)''.

SEC. 5. CARRYING OF WEAPONS BY LICENSEE EMPLOYEES.

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

``SEC. 170D. CARRYING OF WEAPONS.

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

SEC. 6. 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. 7. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

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

SEC. 8. 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. 9. 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. 10. TECHNICAL AND CONFORMING AMENDMENT.

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

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

        ``Sec. 170B. Uranium supply.
        ``Sec. 170C. Protection of sensitive nuclear facilities.
        ``Sec. 170D. Carrying of weapons.''.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out the amendments made by this Act.
                                 <all>