[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 156 Reported in Senate (RS)]

                                                       Calendar No. 422
108th CONGRESS
  1st Session
                                 S. 156

                          [Report No. 108-218]

    To amend the Atomic Energy Act of 1954 to reauthorize the Price-
                          Anderson provisions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 14, 2003

  Mr. Voinovich (for himself, Mr. Inhofe, Mr. Thomas, and Mr. Crapo) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                            December 9, 2003

 Reported by Mr. Inhofe, with amendments and an amendment to the title
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
    To amend the Atomic Energy Act of 1954 to reauthorize the Price-
                          Anderson provisions.

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

                   TITLE I--PRICE-ANDERSON AMENDMENTS

<DELETED>SECTION 1. </DELETED>SEC. 101. SHORT TITLE.

    This <DELETED>Act</DELETED> title may be cited as the ``Price-
Anderson Amendments Act of 2003''.

SEC. 102. MAXIMUM ASSESSMENT.

    Section 170b.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(b)(1)) is amended--
            (1) in the second proviso of the third sentence--
                    (A) by striking ``$63,000,000'' and inserting 
                ``$94,000,000''; and
                    (B) by striking ``$10,000,000 in any 1 year'' and 
                inserting ``$15,000,000 in any 1 year (subject to 
                adjustment for inflation under subsection t.)''; and
            (2) in subsection t.--
                    (A) by inserting ``total and annual'' after 
                ``amount of the maximum'';
                    (B) by striking ``the date of the enactment of the 
                Price-Anderson Amendments Act of 1988'' and inserting 
                ``July 1, 2001''.

SEC. <DELETED>2.</DELETED> 103. EXTENSION OF INDEMNIFICATION AUTHORITY.

    (a) Indemnification of Nuclear Regulatory Commission Licensees.--
Section 170c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is 
amended--
            (1) in the subsection heading, by striking ``Licenses'' and 
        inserting ``Licensees''; and
            (2) by striking ``August 1, 2002'' each place it appears 
        and inserting ``August 1, 2012''.

SEC. <DELETED>3.</DELETED> 104. REPORTS.

    Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) 
is amended by striking ``August 1, 1998'' and inserting ``August 1, 
2008''.

SEC. <DELETED>4.</DELETED> 105. EFFECTIVE DATE.

    The amendments made by this <DELETED>Act</DELETED> title take 
effect on August 1, 2002.

               TITLE II--NUCLEAR INFRASTRUCTURE SECURITY

SEC. 201. SHORT TITLE.

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

SEC. 202. DEFINITIONS.

    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is 
amended--
            (1) by redesignating subsection jj. as subsection ii.; and
            (2) by adding at the end the following:
    ``jj. Designated Nuclear Facility.--The term `designated nuclear 
facility' means--
            ``(1) an operating commercial nuclear power plant; and
            ``(2) any other facility owned or operated by a licensee or 
        certificate holder that the Commission determines should be 
        included within the meaning of the term.
    ``kk. Private Security Force.--The term `private security force', 
with respect to a designated nuclear facility, means personnel hired or 
contracted by the licensee or certificate holder of the designated 
nuclear facility to provide security at the designated nuclear 
facility.''.

SEC. 203. 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 under 
        section 1701.
            ``(2) Federal security coordinator.--The term `Federal 
        security coordinator' means the Federal security coordinator 
        assigned to a regional office of the Commission.
            ``(3) Design basis threat.--The term `design basis threat' 
        means a design basis threat for a designated nuclear facility, 
        as revised under subsection (c).
            ``(4) Licensee.--The term `licensee' means the holder of a 
        license issued by the Commission.
    ``(b) Security Examination.--
            ``(1) In general.--The Commission, in coordination with the 
        Secretary of Homeland Security and in consultation with other 
        agencies as appropriate, shall examine--
                    ``(A) classification of threats against designated 
                nuclear facilities as--
                            ``(i) an act 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; or
                            ``(ii) an act involving a type of risk that 
                        a licensee or certificate holder should be 
                        responsible for guarding against;
                    ``(B) coordination of Federal, State, and local 
                security efforts for protection of land, water, and 
                ground access to designated nuclear facilities in the 
event of a terrorist attack or attempted terrorist attack;
                    ``(C) the adequacy of emergency planning zones to 
                protect the public health and safety in the event of a 
                terrorist attack against a designated nuclear facility;
                    ``(D) 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 designated 
                nuclear facility;
                    ``(E) the system of threat levels, consistent with 
                the Homeland Security Advisory System used to 
                categorize the threats against a designated nuclear 
                facility, including--
                            ``(i) procedures to ensure coordinated 
                        Federal, State, and local responses to changing 
                        threat levels for designated nuclear 
                        facilities;
                            ``(ii) monitoring of threats against 
                        designated nuclear facilities; and
                            ``(iii) procedures to notify licensees and 
                        certificate holders of a designated nuclear 
                        facility of changes in threat levels;
                    ``(F) the development, implementation, and revision 
                of security plans for designated nuclear facilities;
                    ``(G) the hiring and training standards for members 
                of private security forces at designated nuclear 
                facilities;
                    ``(H) the coordination of Federal resources to 
                expedite and improve the process of performing 
                background checks on employees with access to 
                designated nuclear facilities; and
                    ``(I) the creation by the Secretary of Homeland 
                Security of a program to provide technical assistance 
                and training for the National Guard, State law 
                enforcement agencies, and local law enforcement 
                agencies to respond, as appropriate, to threats against 
                a designated nuclear facility, including 
                recommendations for the establishment of a grant 
                program to assist State and local governments in 
                carrying out any recommended actions under this 
                section.
            ``(2) Report.--Not later than 1 year after completion of 
        the security examination under paragraph (1), the Commission 
        and the Secretary of Homeland Security shall submit to the 
        President and Congress, in classified and unclassified form, a 
        report with recommendations and findings.
    ``(c) Revision of Design Basis Threats.--
            ``(1) In general.--Not later than 180 days after completion 
        of the security examination under subsection (b), the 
        Commission shall by regulation revise the design basis threats 
        promulgated before the date of enactment of this section as the 
        Commission determines to be appropriate based on the security 
        examination.
            ``(2) Protection of safeguards information.--In 
        promulgating any 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 date of 
submission of the report under subsection (b)(2), the Commission shall 
establish a system for the determination of multiple threat levels to 
describe the threat conditions at designated nuclear facilities.
    ``(e) Security Plans.--
            ``(1) In general.--Not later than 1 year after the date on 
        which the Commission revises the design basis threats under 
        subsection (c)(1), the Commission shall require each licensee 
        or certificate holder of a designated nuclear facility to--
                    ``(A) revise the security plan to ensure that the 
                designated nuclear facility protects against the 
                appropriate design basis threats; and
                    ``(B) submit the security plan to the Commission 
                for review.
            ``(2) Review schedule.--The Commission shall establish a 
        priority schedule for conducting reviews of security plans 
        based on the proximity of the designated nuclear facility to 
        large population areas.
            ``(3) Upgrades to security.--The Commission shall ensure 
        that the licensee or certificate holder of each designated 
        nuclear facility makes any changes to security and the security 
        plan required from the Commission review on a schedule 
        established by the Commission, but not to exceed 18 months 
        after completion of review.
    ``(f) Emergency Response Plans.--
            ``(1) In general.--Not later than 21 months after the date 
        of enactment of this section, the Commission shall review, in 
        consultation with the Secretary of Homeland Security, the 
        emergency response plans for each designated nuclear facility 
        to ensure that each emergency response plan provides protection 
        for persons in the emergency response planning zone.
            ``(2) Aspects of review.--The Commission shall ensure that 
        each emergency response plan provides, as appropriate to the 
        type of designated nuclear facility, for--
                    ``(A) the protection of public health and safety, 
                including the ability to implement protective measures;
                    ``(B) clear definition and assignment of 
                responsibilities of emergency response personnel;
                    ``(C) notification procedures;
                    ``(D) communication and coordination among 
                emergency response personnel;
                    ``(E) dissemination of information to the public, 
                both prior to, and in the event of, a radiological 
                emergency;
                    ``(F) adequate emergency facilities and equipment 
                at and around the designated nuclear facility;
                    ``(G) the use of methods, systems, and equipment 
                for assessing and monitoring actual or potential 
                impacts of a radiological emergency;
                    ``(H) a range of protective actions for the public;
                    ``(I) means for controlling radiological exposures 
                for emergency response personnel;
                    ``(J) appropriate medical services for contaminated 
                individuals;
                    ``(K) general plans for recovery and reentry; and
                    ``(L) radiological emergency response training.
            ``(3) Schedule.--The Commission shall establish a priority 
        schedule for conducting reviews of emergency response plans for 
        designated nuclear facilities based on the proximity of such 
        facilities to large population areas.
            ``(4) Upgrades to emergency response plan.--The Commission 
        shall ensure that the licensee or certificate holder of each 
        designated nuclear facility revises, as necessary, the 
        emergency response plan for review by the Commission on a 
        schedule established by the Commission.
    ``(g) Training Program.--
            ``(1) In general.--Not later than 1 year after submission 
        of the report under subsection (b)(2), the President shall 
        establish, based on and consistent with the findings and 
        recommendations contained in the report submitted under 
        subsection (b)(2), a program to provide technical assistance 
        and training for the National Guard and State and local law 
        enforcement agencies in responding to threats against a 
        designated nuclear facility.
            ``(2) Grants.--The President may provide grants to State 
        and local governments to assist in carrying out this section.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.
    ``(h) Employee Security.--
            ``(1) Review.--Not later than 180 days after the date of 
        enactment of this section, the Commission shall review and 
        update as appropriate the access and training standards for 
        employees of a designated nuclear facility.
            ``(2) Disqualification of individuals who present national 
        security risks.--The Commission shall establish qualifications 
        and procedures, in addition to fingerprinting for criminal 
        history record checks conducted under section 149, to ensure 
        that no individual who presents a threat to national security 
        is employed at a designated nuclear facility.
    ``(i) Federal Security Coordinators.--
            ``(1) Regional offices.--Not later than 180 days after the 
        date of enactment of this section, the Commission shall assign 
        a Federal security coordinator, under the employment of the 
        Commission, to each region of the Commission.
            ``(2) Responsibilities.--The Federal security coordinator 
        shall be responsible for--
                    ``(A) communicating with the Commission and other 
                Federal, State, and local authorities concerning 
                threats, including threats against a designated nuclear 
                facility;
                    ``(B) ensuring that a designated nuclear facility 
                maintains security consistent with the security plan in 
                accordance with the appropriate threat level; and
                    ``(C) assisting in the coordination of security 
                measures among--
                            ``(i) the private security force at a 
                        designated nuclear facility; and
                            ``(ii) Federal, State, and local 
                        authorities, as appropriate.
    ``(j) Classified Information.--Nothing in this section supersedes 
any law (including a regulation) governing the disclosure of classified 
information or safeguards information.''.
    (b) Fingerprinting for Criminal History Record Checks.--Section 149 
of the Atomic Energy Act of 1954 (42 U.S.C. 2169) is amended--
            (1) in subsection a.--
                    (A) by striking ``a. The Nuclear'' and all that 
                follows through ``section 147.'' and inserting the 
                following:
    ``a. In General.--
            ``(1) Requirements.--The Commission shall require--
                    ``(A) each licensee, certificate holder, or 
                applicant for a license or certificate to operate a 
                utilization facility under section 103 or 104(b); and
                    ``(B) each licensee or applicant for a license to 
                possess or use radioactive material or other property 
                subject to regulation by the Commission that the 
                Commission determines to be of such significance to the 
                public health and safety or the common defense and 
                security as to warrant fingerprinting and background 
                checks;
        to fingerprint each individual who is permitted unescorted 
        access to the facility, radioactive material, or other property 
        or is permitted access to safeguards information under section 
        147.'';
                    (B) by striking ``All fingerprints'' and inserting 
                the following:
            ``(2) Submission to the attorney general.--All 
        fingerprints'';
                    (C) by striking ``The costs'' and inserting the 
                following;
            ``(3) Costs.--The costs'';
                    (D) by striking ``Notwithstanding'' and inserting 
                the following:
            ``(4) Provision to licensee, certificate holder, or 
        applicant.--Notwithstanding''; and
                    (E) by striking ``licensee or applicant'' each 
                place it appears and inserting ``licensee, certificate 
                holder, or applicant for a licensee or certificate'';
            (2) in subsection c., by striking ``, subject to public 
        notice and comment, regulations'' and inserting 
        ``requirements'';
            (3) by redesignating subsection d. as subsection e.; and
            (4) by inserting after subsection c. the following:
    ``d. Use of Other Biometric Methods.--Any requirement for a person 
to conduct fingerprinting under this section may be satisfied by using 
any other biometric method used for identification by the Attorney 
General.''.

SEC. 204. 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).
            ``(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 
        terminate a Director of Nuclear Security and Incident Response 
        to head the Office.
            ``(2) Duties.--
                    ``(A) In general.--The Director shall perform such 
                functions as the Commission delegates to the Director.
                    ``(B) Functions.--The functions delegated to the 
                Director may include--
                            ``(i) carrying out security, safeguards, 
                        and incident responses relating to--
                                    ``(I) any facility owned or 
                                operated by a Commission licensee or 
                                certificate holder;
                                    ``(II) any property owned or in the 
                                possession of a licensee or certificate 
                                holder that--
                                            ``(aa) is significant to 
                                        the common defense and 
                                        security; or
                                            ``(bb) is being transported 
                                        to or from a facility described 
                                        in clause (i); and
                                    (III) any other activity of a 
                                licensee or certificate holder, subject 
                                to the requirements of the Atomic 
                                Energy Act of 1954 (42 U.S.C. 2011 et 
                                seq.), that is significant to the 
                                common defense and security;
                            ``(ii) for a facility or material licensed 
                        under the Atomic Energy Act of 1954 (42 U.S.C. 
                        2011 et seq.)--
                                    ``(I) developing contingency plans 
                                for dealing with threats, thefts, and 
                                sabotage; and
                                    ``(II) monitoring, reviewing, and 
                                evaluating security and safeguards;
                            ``(iii) recommending upgrades to internal 
                        accounting systems for special nuclear and 
                        other materials licensed or certified under the 
                        Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
                        seq.); and
                            ``(iv) developing and recommending 
                        standards and amendments to the standards of 
                        the Commission relating to the duties described 
                        in clauses (i) through (iii); and
                    ``(E) carrying out any other safeguards and 
                physical security functions and incident response that 
                the Commission determines to be appropriate.
            ``(3) Consultation.--In carrying out the duties under 
        paragraph (2), the Director shall, to the extent practicable, 
        consult and coordinate with--
                    ``(A) other officers of the Commission; and
                    ``(B) other Federal agencies.
    ``(d) Security Response Evaluations.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall establish a 
        security response evaluation program to assess the ability of 
        each designated nuclear facility to defend against the threats 
        in accordance with the security plan for the designated nuclear 
        facility.
            ``(2) Frequency of evaluations.--Not less than once every 3 
        years, the Commission shall conduct and document security 
        response evaluations at each designated nuclear facility to 
        assess the ability of the private security force of the 
        designated nuclear facility to defend against the appropriate 
        design basis threat.
            ``(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 threat appropriate to 
        the facility.
            ``(5) Performance criteria.--The Commission shall establish 
        performance criteria for judging the security response 
        evaluations.
            ``(6) Corrective action.--
                    ``(A) In general.--When any of the performance 
                criteria established under paragraph (5) are not 
                satisfied--
                            ``(i) the licensee or certificate holder 
                        shall promptly correct any defects in 
                        performance identified by the Commission in the 
                        security response evaluation; and
                            ``(ii) the Commission shall conduct an 
                        additional security response evaluation within 
                        9 months to confirm that the licensee or 
                        certificate holder satisfies the performance 
                        criteria established under paragraph (5).
                    ``(B) 2 consecutive failures to satisfy performance 
                criteria.--
                            ``(i) In general.--If a designated nuclear 
                        facility fails to satisfy the performance 
                        criteria established under paragraph (5) in 2 
                        consecutive security response evaluations, the 
                        Commission shall issue an order specifying the 
                        corrective actions that must be taken by the 
                        licensee or certificate holder of the 
                        designated nuclear facility.
                            ``(ii) Failure to take corrective action.--
                        If the licensee or certificate holder of a 
                        designated nuclear facility does not take the 
                        corrective action specified by the Commission 
                        within 30 days after the date of issuance of an 
                        order under clause (i), and the Commission 
                        determines that the failure could compromise 
                        public health and safety, the Commission shall 
                        assess a civil penalty under section 234.
            ``(7) Reports.--Not less often than once every year, the 
        Commission shall submit to Congress and the President a report, 
        in classified form and unclassified form, that describes the 
        results of each security response evaluation under this 
        paragraph for the previous year.
    ``(e) Emergency Response Exercises.--
            ``(1) In general.--Not less than once every 2 years, the 
        Commission, in coordination with the Secretary of Homeland 
        Security shall observe and evaluate emergency response 
        exercises to assess the ability of Federal, State, and local 
        emergency response personnel and emergency response personnel 
        of a licensee or certificate holder to respond to a 
        radiological emergency at the designated nuclear facility in 
        accordance with the emergency response plans.
            ``(2) Activities.--The emergency response exercises shall 
        evaluate--
                    ``(A) the response capabilities, response times, 
                and coordination and communication capabilities of the 
                response personnel; and
                    ``(B) the effectiveness and adequacy of emergency 
                response and the ability to take protective actions.
            ``(3) Plans.--The Commission shall ensure that the 
        emergency response plan for a designated nuclear facility is 
        revised to correct for any deficiencies identified by an 
        evaluation under this subsection.
            ``(4) Reports.--Not less than once every year, the 
        Commission shall submit to the President and Congress a report, 
        in classified form and unclassified form, that describes--
                    ``(A) the results of each emergency response 
                exercise under this subsection conducted in the 
                previous year; and
                    ``(B) each revision of an emergency response plan 
                made under paragraph (3) for the previous year.
    ``(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.''.
                    (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. 205. 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 203(a)) is amended--
            (1) in section 161, by striking subsection k. and inserting 
        the following:
    ``k. authorize--
            ``(1) to carry and use 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 official 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 and use 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 
                or is being 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. 206. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

    Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et 
seq.) (as amended by section 205) is amended by adding at the end the 
following:

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

    ``(a) Definitions.--In this section:
            ``(1) Sensitive radioactive material.--
                    ``(A) In general.--The term `sensitive radioactive 
                material' means--
                            ``(i) a material--
                                    ``(I) that is a source material, 
                                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; 
                                and
                                    ``(IV) other appropriate factors;
                    ``(C) develop a national system for recovery of 
                sensitive radioactive material that is lost or stolen, 
                taking into account the classification system 
                established under subparagraph (B);
                    ``(D) provide for the storage of sensitive 
                radioactive material that is not currently in use in a 
                safe and secure manner;
                    ``(E) develop a national tracking system for 
                sensitive radioactive material, taking into account the 
                classification system established under subparagraph 
                (B);
                    ``(F) develop methods to ensure the return or 
                proper disposal of sensitive radioactive material;
                    ``(G) 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 similar to the manner in which 
                recipients in the United States control such sensitive 
                radioactive material; 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 
        regulator 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. 207. 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. 208. 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 
                ``; 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. 209. 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. 210. 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. 211. 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. Carrying of weapons.
        ``Sec. 170E. Sensitive radioactive material security.''.

SEC. 212. 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) No Recovery Through Fees.--Notwithstanding any other provision 
of law, amounts appropriated to the Nuclear Regulatory Commission to 
carry out the amendments made by this title for any fiscal year may not 
be recovered through fees charged by the Nuclear Regulatory Commission.

                        TITLE III--MISCELLANEOUS

SEC. 301. TREATMENT OF NUCLEAR REACTOR FINANCIAL OBLIGATIONS.

    Section 523 of title 11, United States Code, is amended by adding 
at the end the following:
    ``(f) Treatment of Nuclear Reactor Financial Obligations.--
Notwithstanding any other provision of this title--
            ``(1) any funds or other assets held by a licensee or 
        former licensee of the Nuclear Regulatory Commission, or by any 
        other person, to satisfy the responsibility of the licensee, 
        former licensee, or any other person to comply with a 
        regulation or order of the Nuclear Regulatory Commission 
        governing the decontamination and decommissioning of a nuclear 
        power reactor licensed under section 103 or 104b. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2133, 2134(b)) shall not be used 
        to satisfy the claim of any creditor in any proceeding under 
        this title, other than a claim resulting from an activity 
        undertaken to satisfy that responsibility, until the 
        decontamination and decommissioning of the nuclear power 
        reactor is completed to the satisfaction of the Nuclear 
        Regulatory Commission;
            ``(2) obligations of licensees, former licensees, or any 
        other person to use funds or other assets to satisfy a 
        responsibility described in paragraph (1) may not be rejected, 
        avoided, or discharged in any proceeding under this title or in 
        any liquidation, reorganization, receivership, or other 
        insolvency proceeding under Federal or State law; and
            ``(3) private insurance premiums and standard deferred 
        premiums held and maintained in accordance with section 170b. 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)) shall not 
        be used to satisfy the claim of any creditor in any proceeding 
        under this title, until the indemnification agreement executed 
        in accordance with section 170c. of that Act (42 U.S.C. 
        2210(c)) is terminated.''.

SEC. 302. MEDICAL ISOTOPE PRODUCTION.

    Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is 
amended--
            (1) in subsection a., by striking ``a. The Commission'' and 
        inserting ``a. In General.--Except as provided in subsection 
        b., the Commission'';
            (2) by redesignating subsection b. as subsection c.;
            (3) by inserting after subsection a. the following:
    ``b. Medical Isotope Production.--
            ``(1) In general.--The Commission may issue a license 
        authorizing the export (including shipment to and use at 
        intermediate and ultimate consignees specified in the license) 
        to a recipient country of highly enriched uranium for medical 
        isotope production if, in addition to any other requirements of 
        this Act (except subsection a.), the Commission determines 
        that--
                    ``(A) a recipient country that supplies an 
                assurance letter to the United States Government in 
                connection with the consideration by the Commission of 
                the export license application has informed the United 
                States Government that any intermediate consignees and 
                the ultimate consignee specified in the application are 
                required to use the highly enriched uranium solely to 
                produce medical isotopes; and
                    ``(B) the highly enriched uranium for medical 
                isotope production will be irradiated only in a reactor 
                in a recipient country that--
                            ``(i) uses an alternative nuclear reactor 
                        fuel; or
                            ``(ii) is the subject of an agreement with 
                        the United States Government to convert to an 
                        alternative nuclear reactor fuel when 
                        alternative nuclear reactor fuel can be used in 
                        the reactor.
            ``(2) Exports to other countries.--The Commission may 
        specify, by rulemaking or decision in connection with an export 
        license application, that a country other than a recipient 
        country may receive exports of highly enriched uranium for 
        medical isotope production in accordance with the same criteria 
        established under paragraph (1) for exports to a recipient 
        country if the Commission determines that the other country--
                    ``(A) is a party to the Treaty on the 
                Nonproliferation of Nuclear Weapons done at Washington, 
                London, and Moscow July 1, 1968 (21 UST 483) and the 
                Convention on the Physical Protection of Nuclear 
                Materials done at Vienna October 26, 1979 (TIAS 11080); 
                and
                    ``(B) will receive the highly enriched uranium 
                under an agreement with the United States concerning 
                peaceful uses of nuclear energy.
            ``(3) Review of physical protection requirements.--
                    ``(A) In general.--The Commission shall review the 
                adequacy of physical protection requirements that, as 
                of the date of an application under paragraph (1), are 
                applicable to the transportation of highly enriched 
                uranium for medical isotope production.
                    ``(B) Imposition of additional requirements.--If 
                the Commission determines that additional physical 
                protection requirements are necessary (including a 
                limit on the quantity of highly enriched uranium that 
                may be contained in a single shipment), the Commission 
                shall impose such requirements as license conditions or 
                through other appropriate means.''; and
            (4) in subsection c. (as redesignated by paragraph (1))--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(4) the term `highly enriched uranium for medical isotope 
        production' means highly enriched uranium contained in, or for 
        use in, a target to be irradiated for the sole purpose of 
        producing medical isotopes;
            ``(5) the term `medical isotope' means a radioactive 
        isotope (including Molybdenum 99, Iodine 131, and Xenon 133) 
        that is used--
                    ``(A) to produce a radiopharmaceutical for 
                diagnostic or therapeutic procedures on patients; or
                    ``(B) in connection with research and development 
                of radiopharmaceuticals;
            ``(6) the term `radiopharmaceutical' means a radioactive 
        isotope that--
                    ``(A) contains byproduct material combined with 
                chemical or biological material; and
                    ``(B) is designed to accumulate temporarily in a 
                part of the body, for therapeutic purposes or for 
                enabling the production of a useful image of the 
                appropriate body organ or function for use in diagnosis 
                of medical conditions; and
            ``(7) the term `recipient country' means Canada, Belgium, 
        France, Germany, and the Netherlands.''.
            Amend the title so as to read: ``A bill to amend the Atomic 
        Energy Act of 1954 to reauthorize the Price-Anderson 
        provisions, to provide for the security of commercial nuclear 
        power plants and facilities designated by the Nuclear 
        Regulatory Commission, and for other purposes.''.




                                                       Calendar No. 422

108th CONGRESS

  1st Session

                                 S. 156

                          [Report No. 108-218]

_______________________________________________________________________

                                 A BILL

    To amend the Atomic Energy Act of 1954 to reauthorize the Price-
                          Anderson provisions.

_______________________________________________________________________

                            December 9, 2003

         Reported with amendments and an amendment to the title