[Senate Report 108-190]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 372
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-190

======================================================================



 
                  NUCLEAR INFRASTRUCTURE SECURITY ACT

                                _______
                                

                November 6, 2003.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 1043]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1043) to provide for the security of 
commercial nuclear power plants and facilities designated by 
the Nuclear Regulatory Commission, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.

                    General Statement and Background

    The Atomic Energy Act of 1954 assigned to the Atomic Energy 
Commission responsibility for protecting public health and 
safety from the hazards of radiation produced through nuclear 
technology. The Energy Reorganization Act of 1974 abolished the 
Atomic Energy Commission and created a new agency, the Nuclear 
Regulatory Commission (NRC or Commission), to take over its 
regulatory functions.
    The Senate Committee on Environment and Public Works has 
jurisdiction over the nonmilitary environmental regulation and 
control of atomic energy. This includes both legislative and 
oversight authority pertaining to the operations of the NRC.
    Among the responsibilities entrusted to the Nuclear 
Regulatory Commission are regulation of the nation's commercial 
nuclear power plants, along with most other civilian uses of 
radioactive materials. The mission of the NRC is to conduct an 
effective regulatory program that promotes the safe use of 
nuclear energy and materials, in a manner that protects the 
public health and safety and the human environment, and 
promotes the common defense and security.
    As stated in the Atomic Energy Act:

        `` . . . the development, use and control of atomic 
        energy shall be directed so as to make the maximum 
        contribution to the general welfare, subject at all 
        times to the paramount objective of making the maximum 
        contribution to the common defense and security . . .''

    As of January 2003, there were just over 100 commercial 
nuclear power reactors licensed to operate by the NRC in 31 
States. Additionally, NRC has regulatory responsibility over 
seven fuel fabrication and production facilities; two gaseous 
diffusion uranium enrichment facilities; and 14 other 
facilities that possess significant quantities of special 
nuclear material (other than reactors) or process source 
material (other than uranium enrichment facilities). The NRC 
also administers approximately 5,000 licenses for medical, 
academic and industrial uses of nuclear materials; and has 
agreements under which States will administer approximately 
16,000 additional such licenses.
    While prevention of accidents necessarily remains a key 
component of nuclear safety, the events of September 11, 2001 
bring a new urgency to the need to deter and protect against 
attacks at our nation's nuclear facilities, and against 
attempted theft of radioactive materials.
    Following the events of September 11th, the NRC took 
immediate action to respond to heightened threat levels and 
concerns. It undertook intensive consultation with other 
Federal entities, including the FBI, the Office of Homeland 
Security (and subsequently the Department of Homeland 
Security), the Department of Defense, the Federal Aviation 
Administration and others to evaluate general and specific 
threats to NRC licensed facilities, and to coordinate planning 
and responsive actions. The NRC has consulted with Governors 
regarding the deployment of State assets, including the 
National Guard. It has issued a series of Orders to licensees 
to enhance security at nuclear facilities. The NRC is also in 
the process of conducting what it describes as a comprehensive 
review of NRC policies and regulations relating to safeguards 
and security.
    In the past 18 months, the Commission has issue new 
security measures to all 104 commercial nuclear power reactors, 
including orders for: Interim Safeguards and Security (Feb. 25, 
2002); Access Authorization (Jan. 7, 2003); Design Basis Threat 
(April 29, 2003); Training Enhancements (April 29, 2003); and 
Fitness for Duty (April 29, 2003). The Commission has also 
issued security orders for the decommissioning power reactors, 
fuel cycle facilities, spent fuel facilities, the possession/
shipment of spent fuel, and for irradiators possessing 
byproduct material in sealed sources.
    The committee has worked closely with the NRC to monitor 
changing circumstances and to oversee activities of the NRC and 
its licensees. The committee has also worked closely with 
Department of Homeland Security (DHS) since its inception. DHS 
has an extensive role in the both the security of 
infrastructure facilities and emergency preparedness and 
response. The committee has had jurisdiction over the Federal 
Emergency Management Agency (FEMA) and its emergency prepared 
and response authority (through the Robert T. Stafford Act) 
since the agencies inception and continues its jurisdictional 
role over these matters which have been incorporated into the 
Department of Homeland. The committee will continue to work 
with the agencies to ensure that all actions necessary to 
protect the public are taken in a timely and thorough manner.

                     Objectives of the Legislation

    The Nuclear Security Infrastructure Act of 2003 (NISA) is 
an important step in ensuring protection of the public against 
potential terrorist activities against commercial nuclear 
facilities or potential theft of nuclear materials. While the 
NRC has voluntarily undertaken a number of actions, these have 
been ad hoc responses to emergency events. The purpose of this 
legislation is to codify those actions necessary to protect 
against attack on our nation's nuclear reactors and against 
theft or terrorist use of radioactive materials, such as for 
so-called `dirty bombs.'
    The legislation gives clear and permanent direction to the 
NRC and its licensees, and DHS. NISA will assure the American 
public that these nuclear facilities are as safe as they can 
reasonably be, and will clearly signal to would-be terrorists 
that our nuclear facilities are heavily protected, hardened 
structures that will make neither easy, nor desirable, targets.
    The committee has worked closely with the NRC and DHS to 
develop this legislation. It is worth noting that last Congress 
the committee unanimously reported S. 1746 (the Nuclear 
Security Act of 2002), which serves as the basis for NISA. The 
committee has taken extensive testimony on the issues involved 
and has worked with industry, public interest groups, private 
security guards employed at nuclear facilities, and members of 
the public. This legislation represents a carefully considered, 
bipartisan response to the threat of U.S. nuclear resources 
being employed as weapons of destruction.

                      Section-By-Section Analysis

Section 1. Short Title
    This section provides that the Act may be cited as the 
``Nuclear Infrastructure Security Act of 2003.''
Sec. 2. Definitions
    This section amends section 11 of the Atomic Energy Act to 
provide for the definition of ``designated nuclear facilities' 
and ``private security force.''
Sec.3. Designated Nuclear Facility Security
    Section 3 (a) amends Chapter 14 of the Atomic Energy Act by 
adding a new section 170C, ``Protection of Designated Nuclear 
Facilities.''
    New subsection 170C(a) provides definitions for 
``Certificate Holders,'' Federal Security Coordinator,'' 
``Design Basis Threat'' and ``Licensee.''
    New subsection 170C(b) requires the Nuclear Regulatory 
Commission to establish, by regulation, classes of designated 
nuclear facilities. Paragraph (b)(2) requires the Commission to 
classify the following designated nuclear facilities: 
commercial power plants, independent spent fuel storage 
installation, decommissioned nuclear power plants, fuel 
processing facilities, and any other facility that the 
Commission determines should be classified as a designated 
nuclear facility. This subsection (paragraph 3) also 
establishes factors that the Commission shall consider when 
determining whether to classify a facility as a designated 
nuclear facility.
    The committee notes that this legislation makes various 
requirements of ``designated nuclear facilities.'' As defined 
in this legislation, the Commission is to establish classes of 
designated facilities, including: commercial nuclear power 
plants; independent spent fuel storage installations; 
decommissioned nuclear power plants; fuel processing 
facilities; gaseous diffusion facilities; and other facilities 
that the Commission determines should receive a classification. 
The committee recognizes that the risks posed by and the 
security concerns affecting these classes of facilities differ, 
and it may not make sense for the Commission to apply all of 
the requirements of this legislation to each class of 
designated nuclear facilities uniformly. The committee expects 
the Commission to apply the provisions of the legislation to a 
class of facility only when it determined to be appropriate by 
the Commission.
    New subsection 170C(c) requires the Commission and the 
Secretary of Homeland Security, in consultation with other 
agencies and State and local government, as appropriate to 
conduct a comprehensive security examination. Paragraph (c)(1) 
sets out in detail the matters to be examined. These are: 
potential threats to designated nuclear facilities; 
classification of threats as those types of threats falling 
under the responsibility of either the Federal Government, 
State or local governments, or those threats which should be 
the responsibility of the licensee or certificate holder; 
national security response capability, including the 
identification of obligations and authorities for protection of 
areas, identifying those responsible for carrying out those 
obligations, and the coordination between the Federal, State 
and local agencies, the Commission and licensee or certificate 
holders of designated nuclear facilities, for protection in the 
event of a terrorist threat or attack; coordination of security 
efforts; adequacy of planning, including emergency planning 
zones, coordination and security plans; the system of threat 
levels used to categorize threats; hiring and training 
standards for members of private security forces; coordination 
of Federal resources to expedite and improve the process of 
conducting background checks; the establishment of a program to 
provide technical assistance and training to the National Guard 
and law enforcement; and options for protecting spent fuel 
storage.
    Paragraph (c)(2) requires the examination to be completed 
not later than 1 year after enactment with a report (including 
recommendations and findings) required under (c)(3) to be 
submitted to the Congress and the President (classified and 
unclassified form) not later than 180 days following the 
completion of the examination.
    New subsection 170C(d) requires that not later than 180 
days after completion of the report required in (c)(3), the 
Commission revise the design basis threat as it determines 
appropriate based on findings of the security examination. 
Paragraph (d)(2) provides the Commission the discretion to 
determine what classes of designated nuclear facilities will be 
subject to a revised design basis threat. Paragraph (d)(3) 
requires the Commission to ensure the protection of information 
in accordance with chapter 12, section 181 and any other 
applicable law and of classified national security information. 
Subparagraph (d)(3)(B) provides that nothing in this section 
supercedes any law governing the disclosure of classified or 
safeguards information.
    The Commission recently issued orders that revise the 
Design Basis Threats against which licensees must protect the 
covered facility. This section directs the Commission to make 
any needed changes to its Design Basis Threats through 
rulemaking within 18 months after enactment of the legislation. 
The purpose of this requirement is to ensure that the public 
has the opportunity to comment on the content of the Design 
Basis Threats. The committee recognizes that the specifics of 
the Design Basis Threats include information that is either 
classified or considered to be safeguards information under 
section 147 of the Atomic Energy Act. The committee recognizes 
that the specifics of the Design Basis Threats will be either 
classified national security information or safeguards 
information. This sensitive information would be of value to 
potential terrorists and cannot be made available to the 
public. The committee therefore expects the Commission to 
propose changes in its regulations in a manner that does not 
reveal any sensitive information. The Commission is to invite 
public comment on the changes in its security regulations, and 
to respond to the comments, to the extent practicable. In light 
of the need for the Commission to protect sensitive 
information, the committee recognizes that the Commission will 
not be able to respond to comments to the extent that this 
would require the agency to describe the specifics of the 
Design Basis Threats or to explain whether specifics proposed 
by the public were or were not adopted. Even with these 
limitations, the committee believes that it would be useful for 
the public to be able to provide its views to the Commission. 
The Commission is directed to consider carefully the public 
comments in establishing its Design Basis Threats.
    Subparagraph (d)(3)(C) requires the Commission to submit to 
Congress, not later than 60 days after the effective date of 
the regulation required by this subsection, a report 
(classified and unclassified) describing any classified, 
safeguards or other information that the Commission considered 
in promulgating the regulation, but did not make available to 
the public due to the sensitive nature of the information. This 
subparagraph also requires the Commission to submit to Congress 
a report (classified and unclassified) identifying any orders 
or instructions issued under the regulation required by this 
subsection that were not made available to the public due to 
the classified content or safeguards content. The Commission is 
required to submit to Congress, not less than every 6 months, a 
report (classified and unclassified) identifying any orders 
issued under the regulations required by this subsection that 
were not made public due to national security concerns.
    New subsection 170C(e) requires the Commission to establish 
a system for the determination of threat levels for classes of 
designated nuclear facilities, as determined by the Commission, 
and other materials designated by the Commission not later than 
150 days after completion of the report required in (c)(3).
    New subsection 170C(f) requires the Commission to ensure 
that designated nuclear facilities revise their security plans 
to be consistent with any revised Design Basis Threat and to 
submit the plan to the Commission for review. The Commission is 
required to ensure that any necessary changes to the security 
and security plans are made not later than 18 months after 
completion of the review.
    New subsection 170C(g) requires the Commission and the 
Department of Homeland Security, in consultation with other 
Federal, State, and local government agencies, to review and 
update for onsite and offsite emergency response plans and 
preparedness for response to an emergency involving a 
designated nuclear facility. The Commission shall promulgate 
regulations to implement this subsection no later than 180 days 
after completion of the report issued under (c)(3). The 
Commission and the Department shall ensure that these 
requirements: 1) are adequate to protect public health and 
safety; 2) provide reasonable assurance that the plans can and 
will be implemented; and 3) provide reasonable assurance that 
adequate protective measures can and will be taken in the event 
of such an emergency. This subsection, in paragraphs (2) and 
(3), sets out in detail what the updated requirements shall 
provide for, as well as factors to be addressed in the updated 
requirements. Paragraph (4) of this subsection ensures 
stakeholder involvement in the process. Not later than 60 days 
after the date on which the regulations (required in 
170C(g)(5)) become effective, the Commission, in coordination 
with the Department, is required to begin reviewing onsite and 
offsite emergency response plans and preparedness capability. 
The Commission shall submit to Congress a report (classified 
and unclassified) describing the results of each review. 
Reviews are to be conducted on a schedule based on the relative 
vulnerability of a facility and the proximity of the facility 
to high population density areas.
    New subsection 170C(h) requires the Commission to review 
and update, as appropriate, the access and training standards 
for employees of a designated facility. This subsection also 
requires the Commission to establish qualifications and 
procedures, in addition to fingerprinting for criminal history 
record, to ensure that no individual who presents a threat to 
national security is employed at a designated nuclear facility.
    New subsection 170C(i) requires the Commission to assign a 
Federal security coordinator to each regional office of the 
Commission and sets out the responsibilities of the Federal 
security coordinator. This subsection also provides the 
Commission discretion to assign an additional Federal security 
coordinator to a Commission office on the site of a designated 
nuclear facility. The Governor of a State that contains a 
designated nuclear facility may request the assignment of an 
additional Federal security coordinator to 1 or more designated 
nuclear facilities in that State. While the committee intends 
for the Commission to give substantial weight to the views of 
the Governor, the decision on whether security would be 
enhanced by the employment of an additional Federal security 
coordinator will be that of the Commission.)
    New subsection 170C(j) requires the President to identify 
the national security support capability to protect designated 
nuclear facilities against terrorist threats and attacks. The 
national security support capability shall use capabilities of 
such Federal, State and local agencies identified in security 
examination report required under subsection (c)(3).
    The committee recognizes the need to ensure a coordinated 
Federal, State and local capability exists to prevent and 
respond to terrorist incidents involving a sensitive nuclear 
facility. This capability should exist to assist the private 
security force in preventing and responding to a terrorist 
attack. The committee expects that this capability will be met 
with existing Federal, State and local resources including the 
State and local law enforcement and emergency response 
personnel, the National Guard, and other appropriate Federal, 
State and local agencies. New subparagraph 170C(j)(3) directs 
the Secretary to establish this capability and ensure that 
there is proper coordination among Federal, State and local 
agencies and private security personnel.
    New subparagraph 170C(j)(4) requires the President to 
establish, consistent with the finding of the security 
examination, a program to provide training and technical 
assistance for National Guard, State and local law enforcement 
who have security responsibilities for pre-to threats. The 
President may provide grants to assist as appropriate. The 
intention of this section is to ensure that all who have 
security responsibilities are properly trained and equipped to 
deal with a threat/act at a nuclear facility.
    New subsection 170C(k) is a savings clause to ensure that 
nothing in the section supercedes any law governing the 
disclosure of classified or safeguards information.
    Section 3(b) amends Section 149 of the Atomic Energy Act. 
This section expands the classes of persons subject to the 
fingerprinting requirements of section 149 of the Atomic Energy 
Act of 1954.
    New subsections (a)(1)(A)&(B) provides for fingerprinting 
to be conducted by (A) any licensee, certificate holder, or 
applicant for a license or certificate to operate a utilization 
facility under section 103 or 104(b), and (B) any licensee or 
applicant for a license to possess or use radioactive material 
or other property (including intellectual property, such as 
standard reactor designs subject to certification under 10 
C.F.R. Part 52, or property that can be reverse engineered to 
develop components significant to nuclear activities) subject 
to Commission regulation that the Commission determines to be 
of such significance to the public health and safety or common 
defense and security as to warrant fingerprinting and 
background checks. As is the case under current law, the person 
required to conduct the fingerprinting would bear the cost of 
the identification and records checks.
    Persons required to conduct fingerprinting would be 
required to fingerprint each individual permitted to have 
unescorted access to the facility, radioactive material, or 
other property (including property such as standard reactor 
designs subject to certification under 10 C.F.R. Part 52, or 
property that can be reverse engineered to develop components 
significant to nuclear activities) subject to regulation by the 
Commission that the Commission determines to be of such 
significance to the public health and safety or common defense 
and security as to warrant fingerprinting and background 
checks. The extension of section 149 to possession or use of 
radioactive material is not proposed for the purpose of 
covering individuals engaged in the transportation of nuclear 
material, who are already subject to criminal history record 
checks under statutes administered by the Department of 
Homeland Security and the Department of Transportation. It is 
not the committee's intent for the Commission to duplicate the 
efforts of other Federal agencies.
    Fingerprints obtained would be submitted to the U.S. 
Attorney General, through the Commission, for identification 
and criminal history records checks. The Attorney General may 
provide the results of any search to the Commission. As is also 
the case under current law, the Commission would be authorized 
to provide the results of the identification and criminal 
history records checks (other than information that a 
Government agency has determined should not be made available 
to a licensee, certificate holder, or applicant) to the person 
who conducted the fingerprinting. A decision would then be made 
whether to provide unescorted access, or access to safeguards 
information, to the individual who was the subject of the 
background check.
    New subsection 149(d) would allow the fingerprinting 
requirements of section 149 to be satisfied by use of other 
biometric methods used for identification that have been 
approved by the Attorney General. This will permit use of 
technologically advanced biometric methods for identification 
of individuals to satisfy the requirements of section 149.
    The committee also encourages the Commission and its 
licensees to implement identity authentication and verification 
systems similar to those currently utilized by other Federal 
agencies in order to screen employees, contractors and visitors 
to nuclear facilities. Such systems should rely upon domestic 
and global data sources and be compatible with other government 
programs requiring identity authentication like U.S. VISIT, 
Computer Assisted Passenger Prescreening System (CAPPS) II, and 
e-government programs
Sec. 4. Office of Nuclear Security and Incident Response
    This section amends Title II of the Energy Reorganization 
Act of 1974 by adding a new section 212, which establishes an 
Office of Nuclear Security and Incident Response. This new 
section is intended to codify action taken by the Commission in 
April, 2002, (creating the office by administrative action) and 
to provide the equivalent statutory status as other Commission 
offices. It is the committee's intent for this office to 
coordinate closely with the Department of Homeland Security in 
order to enhance the effectiveness of both the Commission and 
the Department. It is also the committee's intent that this 
office not duplicate efforts of the Department.
    New subsections 212(a) and 212(b) provide definitions for 
the new section and establish the Office of Nuclear Security 
and Incident Response.
    New subsection 212(c) provides for the appointment of a 
Director to head the office, and specifies the duties of the 
Director.
    New subsection 212(d) requires the Commission to establish 
a security response evaluation program in order to assess the 
ability of each designated nuclear facility to defend against 
threats in accordance to the security plan. This subsection 
requires the evaluations to include force-on-force exercises 
that simulate the security threats consistent with the design 
basis threat applicable to the facility. It is the committee's 
expectation that those who carry out the force-on-force 
exercises will be well qualified with backgrounds that include 
knowledge of special forces operations and nuclear facilities. 
The frequency of these evaluations is set at every 3 years, and 
allows the Commission to suspend these activities in times of 
heightened threat levels. The Commission is required to 
establish performance criteria for judging the security 
response evaluations. This subsection also sets out corrective 
action measures if a facility does not satisfy the performance 
criteria and does not correct any defects, but does not limit 
any current enforcement authority of the Commission.
    New subsection 212(e) requires the Commission, in 
coordination with Department of Homeland Security, and, as 
appropriate, in consultation with other Federal, State, and 
local response agencies and stakeholders, to observe and 
evaluate emergency response exercises to order to assess the 
ability of the onsite and offsite emergency response plans to 
protect public health and safety and to provide reasonable 
assurance that adequate protective measures can and will be 
taken to respond to a range of scenarios. Such evaluations are 
to take place not less than once every 2 years.
    It is the committee's intent that the Commission, in 
cooperation with the Department of Homeland Security and other 
appropriate Federal and State agencies, will determine the 
criteria by which these scenarios are created and evaluated, 
given reasonable risk assessment and the potential impact on 
the public. In the case of spontaneous and shadow evacuations, 
population distributions within the emergency planning zone and 
shadow areas should be reviewed to support evacuation time 
estimate studies. Off-site emergency response organizations 
should use this data to determine appropriate evacuation 
routes, traffic control points and to identify public entities 
in need of assistance and transportation. Plans should be 
modified as appropriate. It is not the intent of the committee 
to require that facilities and offsite organizations exercise 
and demonstrate shadow and spontaneous evacuations, but to 
assure that appropriate consideration has been given to these 
factors and that the plan has been revised to address them.
    The Commission, in coordination with Department of Homeland 
Security, and, as appropriate, in consultation with other 
Federal, State, and local response agencies and stakeholders, 
may observe and evaluate exercises more frequently than is 
required in 212(e)(1) at designated nuclear facilities located 
in high population density areas.
    New paragraph 212(e)(6)(A) requires the Commission, in 
coordination with the Secretary of Homeland Security, to notify 
licensees or certificate holders, the Governor of any States 
that may be affected, and any other appropriate Federal, State 
or local agencies or stakeholders of any weakness or 
deficiencies identified as the result of an evaluation. If any 
such weakness or deficiency is not promptly corrected, the 
Commission is required to take appropriate action under section 
107 or other enforcement authorities available to the 
Commission.
    The Commission and the Secretary of Homeland Security are 
required to submit to the President and Congress annually a 
report (classified and unclassified) describing the results of 
each exercise evaluated in the previous year, and each revision 
of an emergency response plan or emergency preparedness 
capabilities made in accordance with paragraph (6).
Sec 5. Guarding of Nuclear Facilities Equipment and Material
    The purpose of this section is to provide licensees and 
certificate holders under title I of the Atomic Energy Act of 
1954 and their employees and contractors the ability to possess 
the weapons they need to effectively protect facilities, 
equipment, and radioactive materials.
    The Gun Control Act (GCA), at 18 U.S.C. Sec. 922(o), 
prohibits the transfer or possession of a machinegun not 
lawfully possessed prior to May 19, 1986. This section amends 
section 922(o) to allow licensees and certificate holders and 
their contractors to possess otherwise prohibited machineguns 
for use in the protection of facilities, equipment, and 
radioactive materials. This language is similar to existing 
exceptions to the prohibition on possession of semiautomatic 
assault weapons and large capacity ammunition devices found in 
sections 922(v) and (w) for licensees under title I of the 
Atomic Energy Act of 1954, and their employees and contractors. 
Adding this language to section 922(o) to create a similar 
exception is consistent with the two existing exceptions in the 
GCA. Additionally, this section provides an exemption in order 
for the importation of a firearm or ammunition to be authorized 
by the Attorney General if it is being imported or brought in 
for transfer to a licensee or certificate holder under title I 
of the Atomic Energy Act of 1954 for purposes of establishing 
and maintaining an onsite physical protection system and 
security organization required by Federal law.
    In order to provide adequate security when nuclear 
materials are being transported, this section amends section 
922(a)(4) to dispense with the advance notice requirement for 
purposes of licensee or certificate-holder authorized training 
or transportation of nuclear materials or equipment. This 
section also allows for the transportation and possession of 
firearms for purposes of establishing and maintaining an onsite 
physical protection system and security organization required 
by Federal law and for purposes of licensee or certificate-
holder-authorized training and transportation of nuclear 
materials or equipment, irrespective of State or local laws.
Sec. 6. Sensitive Radioactive Material Security
    This section amends Chapter 14 of the Atomic Energy Act of 
1954 to add a new section 170D at the end. New subsection 
170D(a) defines the terms `sensitive radioactive material' and 
'security threat.' Subsection 170D(b) requires the Commission 
to evaluate the security of sensitive radioactive material 
against security threats and recommend administrative and 
legislative actions. In doing so, the Commission is required to 
consult with the Secretary of Homeland Security, Secretary of 
Energy, Director of the CIA, Director of the FBI, Director of 
the Customs Service, and the Administrator of the EPA. The 
committee is aware that there are a broad range of radioactive 
materials in public use and not all present a significant 
threat to public health. As such, this subsection requires the 
Commission to take actions, as appropriate, to identify and 
categorize those materials that should be classified as 
sensitive radioactive material. The committee expects that the 
development of improved security recommendations under this 
section will be based on this categorization, providing the 
greatest security to those categories of sensitive radiological 
material which present the greatest threat.
    New subsection 170D(c) requires periodic reports to the 
President and Congress describing administrative and 
legislative actions recommended by the task force.
    New subsection 170D(d) requires the NRC to take such 
actions as are appropriate to revise the system for licensing 
radioactive materials and to ensure that States have entered 
into appropriate agreements establishing compatible programs.
Sec. 7. Treatment of Accelerator-Produced & Other Radioactive Material 
        as Byproduct Material
    This section extends current Commission regulatory 
authority under the Atomic Energy Act with respect to 
specifically defined radioactive materials, to include discrete 
sources of radium-226, certain hazardous discrete sources of 
naturally occurring radioactive material (NORM), or 
accelerator-produced radioactive material that are produced, 
extracted, or converted for use in commercial, medical, or 
research activities. NRC is required to issue final regulations 
establishing requirements for the acquisition, possession, 
transfer, use, or disposal of the material by the effective 
date (4 years after enactment).
Sec. 8. Unauthorized Introduction of Dangerous Weapons
    This section expands section 229a of the Atomic Energy Act 
to include facilities, installations or real property subject 
to the licensing or certification authority of the Commission. 
This would allow Commission to apply the provisions of section 
229a to NRC licensed or certified activities, thereby allowing 
the Commission to prohibit a person who has not obtained prior 
authorization from carrying, transporting, or otherwise 
introducing or causing to be introduced any weapon, explosive, 
or other dangerous instrumentality into any facility, 
installation or real property regulated or subject to 
certification by the Commission.
Sec. 9. Sabotage of Nuclear Facilities or Fuel
    This section amends section 236a of the Atomic Energy Act 
of 1954 to expand existing Federal criminal sanctions for 
sabotage or attempted sabotage of production or utilization 
facilities to include sabotage or attempted sabotage during the 
construction stage of those facilities, if the damage could 
affect public health and safety during facility operation. This 
section also expands the sanctions to include sabotage or 
attempted sabotage of operating fuel fabrication facilities.
Sec. 10. Evaluation of Adequacy of Enforcement Provisions
    This section requires the Attorney General and the NRC to 
submit to Congress a report that assesses the adequacy of the 
criminal enforcement provisions in Chapter 18 of the Atomic 
Energy Act
Sec. 11. Protection of Whistleblowers
    This section amends section 212(a) of the Energy 
Reorganization Act of 1974 to extend whistleblower protection 
to Commission contractors and subcontractors.
Sec. 12. Technical and Conforming Amendment
    This section provides technical and conforming amendments.
Sec. 13. Authorization of Appropriations
    The Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 
2214) provides that the ``aggregate amount of the annual 
charges collected from all licensees and certificate holders in 
a fiscal year shall equal an amount that approximates the 
percentages of the budget authority of the Commission for the 
fiscal year.'' This section exempts from fees, costs associated 
with specific homeland security functions. The cost of 
fingerprinting and background checks and the costs of 
conducting security inspections will continue to be included in 
those charges.
    The committee assumes that the annual charge collected from 
licensees pursuant to the Omnibus Budget Reconciliation Act 
will continue to fund appropriations for the NRC's regulation 
of routine operation of nuclear facilities and those security 
measures not exempted by this provision.

                          Legislative History

    On May 12, 2003, Senator Inhofe introduced S. 1043, which 
was referred to the Committee on Environment and Public Works. 
While no hearings were held during the 108th Congress on this 
legislation, the committee held a hearing on during the 107th 
Congress on the subject of nuclear security on June 5, 2002 and 
conducted a classified hearing on June 20, 2002. On May 15, 
2003, the committee ordered S. 1043 to be reported favorably 
with an amendment in the nature of a substitute.

                                Hearings

    No hearings were held in the 108th Congress on this bill. 
During the 107th Congress, the Committee on Environment and 
Public Works held a hearing on infrastructure security on 
November 1, 2001, receiving testimony from Hon. Michael Brown, 
Deputy Director, Federal Emergency Management Agency; Hon. Joe 
Moravec, Commissioner, Public Building Service, General 
Services Administration; Dr. David Sampson, Assistant Secretary 
for Economic Development, Economic Development Administration, 
U.S. Department of Commerce; Dr. Richard Meserve, Chairman, 
Nuclear Regulatory Commission; Herbert Mitchell, Associate 
Administrator for Disaster Assistance, Small Business 
Administration; and Marianne L. Horinko, Assistant 
Administrator, Office of Solid Waste and Emergency Response, 
Environmental Protection Agency.
    On June 5, 2002, the Committee on Environment and Public 
Works held a hearing to receive testimony on S. 1586, a bill to 
amend the Atomic Energy Act of 1954 to authorize the carrying 
of firearms by employees of licensees, and for other purposes, 
and S. 1746, a bill to amend the Atomic Energy Act of 1954 to 
strengthen security at sensitive nuclear facilities. For this 
hearing the witnesses were Hon. Edward J. Markey, U.S. 
Representative from Massaschusetts; Hon. Richard A. Meserve, 
Chairman, Chairman, Nuclear Regulatory Commission; David 
Lochbaum, Nuclear Safety Engineer, Union of Concerned 
Scientists, Washington, DC; Jack Skolds, Chief Nuclear Officer, 
Excelon Corp., Washington, DC; Danielle Brian, Executive 
Director, Project on Government Oversight, Washington, DC; 
Donna J. Hastie, Emergency Planning Consultant, Marrietta, GA; 
and Irwin Redlener, M.D., F.A.A.P., President, Children's 
Health Fund, New York, NY.
    On June 20, 2002, the Committee on Environment and Public 
Works held a classified hearing on nuclear security, receiving 
testimony from Federal Government witnesses.

                             Rollcall Votes

    On May 15, 2003, the Committee on Environment and Public 
Works met to consider S. 1043, the Nuclear Infrastructure 
Security Act. An amendment in the nature of a substitute to the 
bill was offered by the chairman and agreed to by voice vote. 
Final passage of the measure and a motion to report the bill to 
the Senate as amended was agreed by voice vote.

                      Regulatory Impact Statement

    In compliance of section 11(b) of rule XXVI of the Standing 
Rules of the Senate, the committee finds that S. 1043 does not 
create any additional regulatory burdens, nor will it cause any 
adverse impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 1043 would 
require States and private individuals to pay fees to the 
Nuclear Regulatory Commission to cover increased costs for 
security at nuclear facilities. According to the Congressional 
Budget Office, costs to States and individuals cannot be 
predicted with certainty, but that they probably would not 
exceed the annual threshold for intergovermental or private-
sector mandates, as provided by UMRA.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 14, 2003.

Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1043, the Nuclear 
Infrastructure Security Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Cash 
Driskill, who can be reached at 226-2860.
            Sincerely,
                                        Douglas Holtz-Eakin
                              ----------                              

S. 1043, Nuclear Infrastructure Security Act of 2003, as ordered 
        reported by the Senate Committee on Environment and Public 
        Works on May 15, 2003
Summary
    S. 1043 would establish several new security programs 
designed to protect the nation's nuclear infrastructure. Those 
programs would include appointing Federal security coordinators 
for designated nuclear facilities, enhanced systems to manage 
the security of sensitive radioactive materials, additional 
requirements for security and emergency-response plans at 
designated nuclear facilities, and additional training and 
grant funding for the National Guard and State and local 
authorities to improve security efforts at nuclear facilities.
    Based on information from the Nuclear Regulatory Commission 
(NRC), CBO estimates that implementing S. 1043 would have a 
gross cost of $253 million over the 2004-2008 period. Although 
the NRC currently has the authority to offset a substantial 
portion of its annual appropriation with fees charged to the 
facilities it regulates, S. 1043 would require that only the 
cost of security inspections be offset through annual fees. 
Accounting for such collections, CBO estimates that 
implementing S. 1043 would result in a net cost of $235 million 
over the 2004-2008 period, assuming appropriation of the 
necessary amounts.
    In addition, enacting S. 1043 would increase revenues by 
establishing new criminal penalties for the sabotage of nuclear 
facilities and by allowing certain facilities regulated by the 
NRC to import weapons subject to a transfer tax. CBO estimates 
that those penalties and transfer taxes would increase revenues 
by less than $500,000 a year. Subsequent direct spending of 
criminal penalties also would be less than $500,000 per year.
    S. 1043 would impose both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) by increasing NRC fees and requiring new security 
procedures at certain nuclear facilities. Because several of 
the mandates are dependent upon future actions of the NRC for 
which information currently is not available, CBO cannot 
determine the aggregate cost of all mandates contained in the 
bill nor whether the costs to the private sector would exceed 
the annual threshold for private-sector mandates ($117 million 
in 2003, adjusted annually for inflation). CBO estimates, 
however, that the costs to public entities would be small and 
would not exceed the intergovernmental threshold ($59 million 
in 2003, adjusted annually for inflation).
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 1043 is shown in the 
following table. The costs of this legislation fall within 
budget function 270 (energy).



                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                   2004    2005    2006    2007    2008
------------------------------------------------------------------------
 CHANGES IN SPENDING SUBJECT TO
        APPROPRIATION\1\
Federal Security Coordinators:
    Estimated Authorization            0      20      21      21      22
     Level......................
    Estimated Outlays...........       0      14      19      21      22

Security of Sensitive
 Radioactive Materials:
    Estimated Authorization           12      12      12      12      13
     Level......................
    Estimated Outlays...........       8      11      12      12      13

Security and Emergency-Response
 Plans:
    Estimated Authorization           10      10      13      15       9
     Level......................
    Estimated Outlays...........       7       9      12      14      11

National Guard and Law
 Enforcement Training:
    Estimated Authorization           11      11      11      11      11
     Level......................
    Estimated Outlays...........       8      10      11      11      11

Rulemakings, Evaluations, and
 Reports:
    Estimated Authorization            6       4       6       2       1
     Level......................
    Estimated Outlays...........       4       3       5       3       2

Gross Changes in NRC Costs Under
 S. 1043:
    Estimated Authorization           39      57      63      61      56
     Level......................
    Estimated Outlays...........      27      47      59      61      59

Offsetting Collections for
 Security-Response
 Evaluations\2\:
    Estimated Authorization           -6      -6      -2      -2      -2
     Level......................
    Estimated Outlays...........      -6      -6      -2      -2      -2

Net Changes in NRC Spending
 Under S. 1043:
    Estimated Authorization           33      51      61      59      54
     Level......................
    Estimated Outlays...........      21      41      57      59      57
------------------------------------------------------------------------
NOTE: Details may not sum to totals because of rounding.
\1\ S. 1043 also would affect revenues and direct spending but by less
  than $500,000.
\2\ Under current law, collections are authorized at declining
  percentages of the NRC's budget (92 percent in 2004, 90 percent in
  2005, and 33 percent after 2005). To estimate the net cost of S. 1043,
  those collection percentages were applied to the estimated cost of
  security inspection programs as required by S. 1043.

Basis of Estimate
    For this estimate, CBO assumes that the bill will be 
enacted near the start of fiscal year 2004, that the necessary 
amounts will be appropriated for each year, and that outlays 
will occur at historical rates for similar programs.
Spending Subject to Appropriation
    S. 1043 would establish several new security and emergency-
response programs to be implemented at the nation's nuclear 
facilities. Based on information from the NRC, CBO assumes that 
66 commercial nuclear sites in 31 States would meet the bill's 
definition of a ``designated nuclear facility'' and thus would 
be subject to the requirements of the bill. In addition, the 
bill would require new registration and tracking procedures for 
radioactive material, new nuclear security and emergency 
planning procedures, and it would establish a training and 
grant program for the National Guard and State and local law 
enforcement personnel to improve security at nuclear 
facilities.
    In 2003, the NRC received a gross appropriation of $574 
million. The agency is authorized to collect fees from the 
nuclear industry to offset a significant portion of its budget; 
CBO estimates that NRC will have net spending of $74 million in 
2003. After the provisions of S. 1043 are fully implemented, 
CBO estimates that NRC's new responsibilities would cost around 
$60 million a year (in addition to its net spending under 
current law), subject to appropriation of the necessary 
amounts.
    Based on information from the NRC, CBO estimates that 
implementing S. 1043 would have a gross cost of $253 million 
over the 2004-2008 period. Although the NRC has the authority 
under current law to offset a substantial portion of its annual 
appropriation with fees charged to the facilities it regulates, 
S. 1043 would require that only the cost of security 
inspections be offset through such fees. Accounting for such 
collections, CBO estimates that implementing S. 1043 would 
result in a net cost of $235 million over the 2004-2008 period, 
assuming appropriation of the necessary amounts.
    Federal Security Coordinators. S. 1043 would require that 
the NRC hire and train security coordinators to be stationed in 
each of the NRC's four regions. Under the bill, the Governor of 
a State may request a security coordinator for each of the 
nuclear facilities located in that State. For this estimate, we 
assume that all 31 affected Governors would make such requests 
and that all 66 sites designated under the bill would have 
individual security coordinators in addition to the regional 
coordinators.
    Overall, we estimate that implementing this program would 
require the NRC to hire and train about 85 personnel at a cost 
of about $14 million per year and that the program would start 
in 2005. We expect that the NRC would spend about $6 million 
per year on training, travel, and equipment for those security 
coordinators. Overall, CBO estimates that implementing this 
program would cost $76 million over the 2005-2008 period.
    Security of Sensitive Radioactive Material. S. 1043 would 
require the NRC to improve the security requirements for 
sensitive radioactive materials. Such improvements would 
include revising licensing and classification systems, 
establishing a tracking system, and increasing evaluation and 
inspection of safeguard measures. Currently, the NRC spends 
about $1 million per year to regulate certain radioactive 
material used for industrial purposes. S. 1043 would 
significantly expand that program to include a wide variety of 
radioactive materials.
    Based on information from the NRC, we estimate that this 
expanded program would require additional appropriations of $12 
million per year over the next 5 years. Funds would be used for 
establishing new computer systems, hiring of additional staff, 
and auditing sites with radioactive materials. Overall, we 
estimate that implementation of this program would result in 
outlays of $56 million over the 2004-2008 period.
    Security-and Emergency-Response Plans. S. 1043 would 
require the NRC to evaluate the emergency-response plans for 
each of the 66 designated nuclear facilities in the United 
States. Based on information from the NRC, CBO estimates that 
those evaluations would cost an average of about $11 million 
per year, or $53 million over the 2004-2008 period for 
additional staff, equipment, training, and consulting services. 
We expect that the new evaluation program would be offset by 
fees charged to the NRC's licensees, thus we estimate that net 
outlays for those provisions would be $35 million over the next 
5 years.
    Emergency-Response Planning. S. 1043 would require the NRC 
to review and update the regulations for preparing emergency-
response plans at designated nuclear facilities. After such 
regulations are updated, the NRC would be required to review 
each plan for compliance and report to the Congress. We 
estimate that it would cost the NRC about $1 million to review 
and promulgate new rules for emergency-response plans over the 
2004-2005 period and that reviewing the plans after new rules 
are issued would cost about $8 million over the 2006-2008 
period.
    In addition to requiring upgrades to emergency plans, S. 
1043 would require the NRC to observe and evaluate emergency-
response exercises and report to the Congress. Based on 
information from the NRC, we expect that the agency would hire 
additional staff to establish evaluation criteria to observe 
emergency-response exercises. We estimate that activity would 
cost about $9 million over the 2004-2008 period for additional 
staff, support, training, and travel.
    Security-Response Evaluations. S. 1043 would require the 
NRC to establish a security-response-evaluation program that 
would simulate the threats that nuclear facilities must be able 
to defend against. At least once every 3 years, an evaluation 
would be required at each designated nuclear facility. We 
expect that the NRC would use contractors to conduct mock 
exercises, known as force-on-force. Overall, we estimate that 
the NRC would spend about $7 million per year to staff and 
support a program office and contract for such exercises. CBO 
estimates that the program would have a gross cost of about $35 
million over the 2004-2008 period. Based on information from 
the NRC, however, we expect that the cost of this program would 
be offset by fees charged to the NRC's licensees. Such fees are 
charged annually in declining percentages of the budget 
authority for the NRC's programs. Accounting for such fees, we 
estimate that implementing this provision would result in net 
outlays of $17 million over the 2004-2008 period.
    National Guard and Law Enforcement Training. S. 1043 would 
establish a new program to provide technical assistance and 
training for the National Guard and State and local law 
enforcement agencies to respond to threats against the nation's 
nuclear facilities. Under this program, the NRC would provide 
training at each of the designated 66 facilities four times a 
year at a cost of about $125,000 a year--at an estimated total 
cost of $8 million per year. In addition, we estimate that the 
31 States with designated nuclear facilities would each receive 
grants of $100,000 per year for technical assistance and 
training. Assuming appropriation of the necessary amounts, we 
estimate that implementing those training and assistance 
programs would require appropriations of about $11 million a 
year, which would result in outlays of $51 million over the 
2004-2008 period.
    Rulemakings, Evaluations, and Reports. The bill would 
require the NRC to prepare several reports for the Congress on 
nuclear security issues and conduct reviews of security matters 
at the nation's nuclear facilities. CBO has estimated the cost 
of those additional efforts based on information from the NRC. 
Specifically, the bill would require:

      An examination of the security requirements for 
the nation's nuclear infrastructure at an estimated cost of $4 
million over the 2004-2005 period;
      An update to rules on design-basis threat or the 
threat that designated nuclear facilities must be able to 
defend against at an estimated cost of $2 million over the 
2004-2006 period;
      An evaluation of each designated nuclear 
facility's plan to defend against the updated design-basis 
threat at an estimated cost of $3.5 million in 2006;
      New rules regarding the handling of accelerator-
produced and by-product radioactive material at an estimated 
cost of $1.5 million per year over the 2005-2007 period;
      A review and update of employee security 
standards at the nation's nuclear facilities at an estimated 
cost of $4 million over the 2004-2008 period;
      A report on the adequacy of criminal penalties 
under the Atomic Energy Act at an estimated cost of $500,000 in 
2004; and
      A system to determine threat levels for the 
nation's nuclear infrastructure at an estimated cost of 
$300,000 over the 2005-2006 period;

    Overall, we would expect that such evaluations, 
rulemakings, and reports to the Congress have a cost of $19 
million over the 2004-2008 period for additional staff, 
support, and consulting services.
Direct Spending and Revenues
    Enacting S. 1043 would increase revenues by establishing 
new criminal penalties for the sabotage of a wide range of 
nuclear facilities and fuel and allow certain facilities 
regulated by the NRC to import weapons subject to a transfer 
tax. CBO estimates that those penalties and transfer taxes 
would increase revenues by less than $500,000 a year. 
Subsequent direct spending of penalties collected for violation 
of the criminal code would also be less than $500,000 per year.
Intergovernmental and Private-Sector Impact
    S. 1043 would impose both intergovernmental and private-
sector mandates as defined in UMRA by:

      Effectively increasing the annual fees collected 
from NRC licensees to cover the costs of security inspections 
by the NRC;
      Effectively increasing fees collected from 
licensees to pay for fingerprint checks by increasing the 
number of individuals requiring background checks; and
      Requiring new security standards and procedures 
at designated nuclear facilities.

    Because several of the mandates are dependent upon future 
actions of the NRC for which information currently is not 
available, CBO cannot determine the aggregate cost of all 
mandates contained in the bill nor whether the costs to 
private-sector entities would exceed the annual threshold for 
private-sector mandates ($117 million in 2003, adjusted 
annually for inflation). CBO estimates, however, that the costs 
to public entities would be small and would not exceed the 
intergovernmental threshold ($59 million in 2003, adjusted 
annually for inflation).
    S. 1043 would require the NRC to conduct security 
inspections at licensed facilities. In addition, the bill would 
require fingerprinting of additional individuals connected with 
nuclear facilities as part of criminal background checks done 
through the U.S. Attorney General's Office. The bill would 
permit the NRC to offset the costs of the security inspections 
with an increase in annual license fees. (Under current law, 
the NRC collects annual fees from its licensees, both public 
and private, to offset a major portion of its general fund 
appropriation.) The cost of the government background checks 
would be borne directly by licensees. Those increased costs 
would be both a private-sector and an intergovernmental mandate 
under UMRA. Based on information from the NRC, CBO estimates 
that the additional annual fees they would collect would total 
$1 million for publicly owned licensees (which represent 
approximately 5 percent of all affected licensees) and $17 
million for private licensees over the 2004-2008 period. The 
increased fees for background checks would be small.

    In addition, S. 1043 would require the NRC to promulgate 
rules concerning:
      Security requirements of sensitive radioactive 
materials;
      Threats that designated nuclear facilities must 
protect against;
      Security plans, emergency-response plans, and 
preparedness for the facilities;
      Involvement of appropriate local governments, 
employers, and interested groups in the emergency-planning 
process;
      Access and training standards for employees of 
the facilities; and
      Handling of certain radioactive materials.

    Complying with these new rules would constitute a mandate 
as defined in UMRA, although the extent of those mandates would 
be based upon future actions of the NRC. At this time, the NRC 
cannot indicate the scope of the rules to be issued, and 
accordingly, CBO cannot determine the cost of compliance.

Estimate Prepared By: Federal Costs: Lisa Cash Driskill; Impact 
on State, Local, and Tribal Governments: Gregory Waring; Impact 
on the Private Sector: Paige Piper/Bach.

Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes to Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

                       ATOMIC ENERGY ACT OF 1954

        An Act for the development and control of atomic energy.

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

           *       *       *       *       *       *       *


                         TITLE I--ATOMIC ENERGY

              Chapter 1. Declaration, Findings, and Purpose

     * * * * * * *

                      Chapter 14. General Authority

Sec. 161. General provisions.

           *       *       *       *       *       *       *

Sec. 170B. Uranium supply.
Sec. 170C. Protection of designated nuclear facilities.
Sec. 170D. Sensitive radioactive material security.

           *       *       *       *       *       *       *

    Sec. 11. Definition.--The intent of Congress in the 
definitions as given in this section should be construed from 
the words or phrases used in the definitions. As used in this 
Act:
    a. The term ``agency of the United States'' means the 
executive branch of the United States, or any Government 
agency, or the legislative branch of the United States, or any 
agency, committee, commission, office, or other establishment 
in the legislative branch, or the judicial branch of the United 
States, or any office, agency, committee, commission, or other 
establishment in the judicial branch.

           *       *       *       *       *       *       *

    e. The term ``byproduct material'' [means (1) any 
radioactive] means--
            (1) any radioactive material (except special 
        nuclear material) yielded in or made radioactive by 
        exposure to the radiation incident to the process of 
        producing or utilizing special nuclear [material, and 
        (2) the tailings] material;
            (2) the tailings or wastes produced by the 
        extraction or concentration of uranium or thorium from 
        any ore processed primarily for its source material 
        [content.] content; and
            (3)(A) any discrete source of radium-226 that is 
        produced, extracted, or converted after extraction, 
        before, on, or after the date of enactment of this 
        paragraph, for use in a commercial, medical, or 
        research activity; or
            (B) any material that--
                    (i) has been made radioactive by use of a 
                particle accelerator; and
                    (ii) is produced, extracted, or converted 
                after extraction, before, on, or after the date 
                of enactment of this paragraph, for use in a 
                commercial, medical, or research activity; and
            (4) any discrete source of naturally occurring 
        radioactive material, other than source material that--
                    (A) the Nuclear Regulatory Commission 
                determines (after consultation with the 
                Administrator of the Environmental Protection 
                Agency, the Secretary of Energy, the Secretary 
                of Homeland Security, and the head of any other 
                appropriate Federal agency), would pose a 
                threat similar to that posed by a discrete 
                source of radium-226 to the public health and 
                safety or the common defense and security; and
                    (B) before, on, or after the date of 
                enactment of this paragraph, is extracted or 
                converted after extraction, for use in a 
                commercial, medical, or research activity.

           *       *       *       *       *       *       *

    [jj.] ii. Legal Costs.--As used in section 170, the term 
``legal costs'' means the costs incurred by a plaintiff or a 
defendant in initiating, prosecuting, investigating, settling, 
or defending claims or suits for damage arising under such 
section.
    jj. Designated Nuclear Facility.--The term ``designated 
nuclear facility'' means a facility that the Commission 
classifies as a designated nuclear facility under section 
170C(b).
    kk. Private Security Force.--The term ``private security 
force'', with respect to a designated nuclear facility, means 
personnel hired or contracted by the licensee or certificate 
holder of the designated nuclear facility to provide security 
at the designated nuclear facility.

           *       *       *       *       *       *       *

    Sec. 170. Indemnification and Limitation of Liability.-- 
\1\
---------------------------------------------------------------------------
    \1\ This section is commonly referred to as the Price-Anderson Act.
---------------------------------------------------------------------------
    a. Requirement of Financial Protection for Licensees.--Each 
license issued under section 103 or 104 and each construction 
permit issued under section 185 shall, and each license issued 
under section 53, 63, or 81 may, for the public purposes cited 
in section 2 i. have as a condition of the license a 
requirement that the licensee have and maintain financial 
protection of such type and in such amounts as the Nuclear 
Regulatory Commission (in this section referred to as the 
``Commission'') in the exercise of its licensing and regulatory 
authority and responsibility shall require in accordance with 
subsection b. to cover public liability claims. Whenever such 
financial protection is required it may be a further condition 
of the license that the licensee execute and maintain an 
indemnification agreement in accordance with subsection c. The 
Commission may require, as a further condition of issuing a 
license, that an applicant waive any immunity from public 
liability conferred by Federal or State law.
    b. Amount and Type of Financial Protection for Licensees.--
(1) The amount of primary financial protection required shall 
be the amount of liability insurance available from private 
sources, except that the Commission may establish a lesser 
amount on the basis of criteria set forth in writing, which it 
may revise from time to time, taking into consideration such 
factors as the following: (A) the cost and terms of private 
insurance, (B) the type, size, and location of the licensed 
activity and other factors pertaining to the hazard, and (C) 
the nature and purpose of the licensed activity: Provided, That 
for facilities designed for producing substantial amounts of 
electricity and having a rated capacity of 100,000 electrical 
kilowatts or more, the amount of primary financial protection 
required shall be the maximum amount available at reasonable 
cost and on reasonable terms from private sources (excluding 
the amount of private liability insurance available under the 
industry retrospective rating plan required in this 
subsection). Such primary financial protection may include 
private insurance, private contractual indemnities, self-
insurance, other proof of financial responsibility, or a 
combination of such measures and shall be subject to such terms 
and conditions as the Commission may, by rule, regulation, or 
order, prescribe. The Commission shall require licensees that 
are required to have and maintain primary financial protection 
equal to the maximum amount of liability insurance available 
from private sources to maintain, in addition to such primary 
financial protection, private liability insurance available 
under an industry retrospective rating plan providing for 
premium charges deferred in whole or major part until public 
liability from a nuclear incident exceeds or appears likely to 
exceed the level of the primary financial protection required 
of the licensee involved in the nuclear incident: Provided, 
That such insurance is available to, and required of, all of 
the licensees of such facilities without regard to the manner 
in which they obtain other types or amounts of such primary 
financial protection: And provided further: That the maximum 
amount of the standard deferred premium that may be charged a 
licensee following any nuclear incident under such a plan shall 
not be more than $63,000,000 (subject to adjustment for 
inflation under subsection t.), but not more than $10,000,000 
in any 1 year, for each facility for which such licensee is 
required to maintain the maximum amount of primary financial 
protection: And provided further, That the amount which may be 
charged a licensee following any nuclear incident shall not 
exceed the licensee's pro rata share of the aggregate public 
liability claims and costs (excluding legal costs subject to 
subsection o. (1)(D), payment of which has not been authorized 
under such subsection) arising out of the nuclear incident. 
Payment of any State premium taxes which may be applicable to 
any deferred premium provided for in this Act shall be the 
responsibility of the licensee and shall not be included in the 
retrospective premium established by the Commission.
    (2)(A) The Commission may, on a case by case basis, assess 
annual deferred premium amounts less than the standard annual 
deferred premium amount assessed under paragraph (1)--
            (i) for any facility, if more than one nuclear 
        incident occurs in any one calendar year; or
            (ii) for any licensee licensed to operate more than 
        one facility, if the Commission determines that the 
        financial impact of assessing the standard annual 
        deferred premium amount under paragraph (1) would 
        result in undue financial hardship to such licensee or 
        the ratepayers of such licensee.
    (B) In the event that the Commission assesses a lesser 
annual deferred premium amount under subparagraph (A), the 
Commission shall require payment of the difference between the 
standard annual deferred premium assessment under paragraph (1) 
and any such lesser annual deferred premium assessment within a 
reasonable period of time, with interest at a rate determined 
by the Secretary of the Treasury on the basis of the current 
average market yield on outstanding marketable obligations of 
the United States of comparable maturities during the month 
preceding the date that the standard annual deferred premium 
assessment under paragraph (1) would become due.
    (3) The Commission shall establish such requirements as are 
necessary to assure availability of funds to meet any 
assessment of deferred premiums within a reasonable time when 
due, and may provide reinsurance or shall otherwise guarantee 
the payment of such premiums in the event it appears that the 
amount of such premiums will not be available on a timely basis 
through the resources of private industry and insurance. Any 
agreement by the Commission with a licensee or indemnitor to 
guarantee the payment of deferred premiums may contain such 
terms as the Commission deems appropriate to carry out the 
purposes of this section and to assure reimbursement to the 
Commission for its payments made due to the failure of such 
licensee or indemnitor to meet any of its obligations arising 
under or in connection with financial protection required under 
this subsection including without limitation terms creating 
liens upon the licensed facility and the revenues derived 
therefrom or any other property or revenues of such licensee to 
secure such reimbursement and consent to the automatic 
revocation of any license.
    (4)(A) In the event that the funds available to pay valid 
claims in any year are insufficient as a result of the 
limitation on the amount of deferred premiums that may be 
required of a licensee in any year under paragraph (1) or (2), 
or the Commission is required to make reinsurance or guaranteed 
payments under paragraph (3), the Commission shall, in order to 
advance the necessary funds--
            (i) request the Congress to appropriate sufficient 
        funds to satisfy such payments; or
            (ii) to the extent approved in appropriation Acts, 
        issue to the Secretary of the Treasury obligations in 
        such forms and denominations, bearing such maturities, 
        and subject to such terms and conditions as may be 
        agreed to by the Commission and the Secretary of the 
        Treasury.
    (B) Except for funds appropriated for purposes of making 
reinsurance or guaranteed payments under paragraph (3), any 
funds appropriated under subparagraph (a)(i) shall be repaid to 
the general fund of the United States Treasury from amounts 
made available by standard deferred premium assessments, with 
interest at a rate determined by the Secretary of the Treasury 
on the basis of the current average market yield on outstanding 
marketable obligations of the United States of comparable 
maturities during the month preceding the date that the funds 
appropriated under such subparagraph are made available.
    (C) Except for funds appropriated for purposes of making 
reinsurance or guaranteed payments under paragraph (3), 
redemption of obligations issued under subparagraph (A)(ii) 
shall be made by the Commission from amounts made available by 
standard deferred premium assessments. Such obligations shall 
bear interest at a rate determined by the Secretary of the 
Treasury by taking into consideration the average market yield 
on outstanding marketable obligations to the United States of 
comparable maturities during the months preceding the issuance 
of the obligations under this paragraph. The Secretary of the 
Treasury shall purchase any issued obligations, and for such 
purpose the Secretary of the Treasury may use as a public debt 
transaction the proceeds from the sale of any securities issued 
under chapter 31 of title 31, United States Code, and the 
purposes for which securities may be issued under such chapter 
are extended to include any purchase of such obligations. The 
Secretary of the Treasury may at any time sell any of the 
obligations acquired by the Secretary of the Treasury under 
this paragraph. All redemptions, purchases, and sales by the 
Secretary of the Treasury of obligations under this paragraph 
shall be treated as public debt transactions of the United 
States.
    c. Indemnification of [Licenses] Licencees by Nuclear 
Regulatory Commission.--The Commission shall, with respect to 
licenses issued between August 30, 1954, and August 1, 2002, 
for which it requires financial protection of less than 
$560,000,000, agree to indemnify and hold harmless the licensee 
and other persons indemnified, as their interest may appear, 
from public liability arising from nuclear incidents which is 
in excess of the level of financial protection required of the 
licensee. The aggregate indemnity for all persons indemnified 
in connection with each nuclear incident shall not exceed 
$500,000,000, excluding costs of investigating and settling 
claims and defending suits for damage: Provided, however, That 
this amount of indemnity shall be reduced by the amount that 
the financial protection required shall exceed $60,000,000. 
Such a contract of indemnification shall cover public liability 
arising out of or in connection with the licensed activity. 
With respect to any production or utilization facility for 
which a construction permit is issued between August 30, 1954, 
and August 1, 2002, the requirements of this subsection shall 
apply to any license issued for such facility subsequent to 
August 1, 2002.
    d. Indemnification of Contractors by Department of 
Energy.--(1)(A) In addition to any other authority the 
Secretary of Energy (in this section referred to as the 
``Secretary'') may have, the Secretary shall, until August 1, 
2002, enter into agreements of indemnification under this 
subsection with any person who may conduct activities under a 
contract with the Department of Energy that involve the risk of 
public liability and that are not subject to financial 
protection requirements under subsection b. or agreements of 
indemnification under subsection c. or k.
    (B)(i)(I) Beginning 60 days after the date of enactment of 
the Price-Anderson Amendments Act of 1988, \2\ agreements of 
indemnification under subparagraph (A) shall be the exclusive 
means of indemnification for public liability arising from 
activities described in such subparagraph, including activities 
conducted under a contract that contains an indemnification 
clause under Public Law 85-804 entered into between August 1, 
1987, and the date of enactment of the Price-Anderson 
Amendments Act of 1988. \2\
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    \2\ The date of enactment was Aug. 20, 1988.
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    (II) The Secretary may incorporate in agreements of 
indemnification under subparagraph (A) the provisions relating 
to the waiver of any issue or defense as to charitable or 
governmental immunity authorized in subsection n. (1) to be 
incorporated in agreements of indemnification. Any such 
provisions incorporated under this subclause shall apply to any 
nuclear incident arising out of nuclear waste activities 
subject to an agreement of indemnification under subparagraph 
(A).
    (ii) Public liability arising out of nuclear waste 
activities subject to an agreement of indemnification under 
subparagraph (A) that are funded by the Nuclear Waste Fund 
established in section 302 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222) shall be compensated from the Nuclear 
Waste Fund in an amount not to exceed the maximum amount of 
financial protection required of licensees under subsection b.
    (2) In agreements of indemnification entered into under 
paragraph (1), the Secretary may require the contractor to 
provide and maintain financial protection of such a type and in 
such amounts as the Secretary shall determine to be appropriate 
to cover public liability arising out of or in connection with 
the contractual activity, and shall indemnify the persons 
indemnified against such claims above the amount of the 
financial protection required, to the full extent of the 
aggregate public liability of the persons indemnified for each 
nuclear incident, including such legal costs of the contractor 
as are approved by the Secretary.
    (3)(A) Notwithstanding paragraph (2), if the maximum amount 
of financial protection required of the contractor, shall at 
all times remain equal to or greater than the maximum amount of 
financial protection required of licensees under subsection b.
    (B) The amount of indemnity provided contractors under this 
subsection shall not, at any time, be reduced in the event that 
the maximum amount of financial protection required of 
licensees is reduced.
    (C) All agreements of indemnification under which the 
Department of Energy (or its predecessor agencies) may be 
required to indemnify any person, shall be deemed to be 
amended, on the date of the enactment of the Price-Anderson 
Amendments Act of 1988, \1\ to reflect the amount of indemnity 
for public liability and any applicable financial protection 
required of the contractor under this subsection on such date.
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    \1\ The date of enactment was Aug. 20, 1988.
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    (4) Financial protection under paragraph (2) and 
indemnification under paragraph (1) shall be the exclusive 
means of financial protection and indemnification under this 
section for any Department of Energy demonstration reactor 
licensed by the Commission under section 202 of the energy 
Reorganization Act of 1974 (42 U.S.C. 5842).
    (5) In the case of nuclear incidents occurring outside the 
United States, the amount of the indemnity provided by the 
Secretary under this subsection shall not exceed $100,000,000.
    (6) The provisions of this subsection may be applicable to 
lump sum as well as cost type contracts and to contracts and 
projects financed in whole or in part by the Secretary.
    (7) A contractor with whom an agreement of indemnification 
has been executed under paragraph (1)(A) and who is engaged in 
activities connected with the underground detonation of a 
nuclear explosive device shall be liable, to the extent so 
indemnified under this subsection, for injuries or damage 
sustained as a result of such detonation in the same manner and 
to the same extent as would a private person acting as 
principal, and no immunity or defense founded in the Federal, 
State, or municipal character of the contractor or of the work 
to be performed under the contract shall be effective to bar 
such liability.
    e. Limitation on Aggregate Public Liability.--(1) The 
aggregate public liability for a single nuclear incident of 
persons indemnified, including such legal costs as are 
authorized to be paid under subsection o. (1)(D), shall not 
exceed--
            (A) in the case of facilities designed for 
        producing substantial amounts of electricity and having 
        a rated capacity of 100,000 electrical kilowatts or 
        more, the maximum amount of financial protection 
        required of such facilities under subsection b. (plus 
        any surcharge assessed under subsection o. (1)(E));
            (B) in the case of contractors with whom the 
        Secretary has entered into an agreement of 
        indemnification under subsection d., the maximum amount 
        of financial protection required under subsection b. or 
        the amount of indemnity and financial protection that 
        may be required under paragraph (3) of subsection d., 
        whichever amount is more; and
            (C) in the case of all licensees of the Commission 
        required to maintain financial protection under this 
        section--
                    (i) $500,000,000, together with the amount 
                of financial protection required of the 
                licensee; or
                    (ii) if the amount of financial protection 
                required of the licensee exceeds $60,000,000, 
                $560,000,000 or the amount of financial 
                protection required of the licensee, whichever 
                amount is more.
    (2) In the event of a nuclear incident involving damages in 
excess of the amount of aggregate public liability under 
paragraph (1), the Congress will thoroughly review the 
particular incident in accordance with the procedures set forth 
in section 170 i. and will in accordance with such procedures, 
take whatever action is determined to be necessary (including 
approval of appropriate compensation plans and appropriation of 
funds) to provide full and prompt compensation to the public 
for all public liability claims resulting from a disaster of 
such magnitude.
    (3) No provision of paragraph (1) may be construed to 
preclude the Congress from enacting a revenue measure, 
applicable to licensees of the Commission required to maintain 
financial protection pursuant to section b., to fund any action 
undertaken pursuant to paragraph (2).
    (4) With respect to any nuclear incident occurring outside 
of the United States to which an agreement of indemnification 
entered into under the provisions of subsection d. is 
applicable, such aggregate public liability shall not exceed 
the amount of $100,000,000, together with the amount of 
financial protection required of the contractor.
    f. Collection of Fees by Nuclear Regulatory Commission.--
The Commission or the Secretary, as appropriate, is authorized 
to collect a fee from all persons with whom an indemnification 
agreement is executed under this section. This fee shall be $30 
per year per thousand kilowatts of thermal energy capacity for 
facilities licensed under section 103: Provided, That the 
Commission or the Secretary, as appropriate, is authorized to 
reduce the fee for such facilities in reasonable relation to 
increases in financial protection required above a level of 
$60,000,000. For facilities licensed under section 104, and for 
construction permits under section 185, the Commission is 
authorized to reduce the fee set forth above. The Commission 
shall establish criteria in writing for determination of the 
fee for facilities licensed under section 104, taking into 
consideration such factors as (1) the type, size, and location 
of facility involved, and other factors pertaining to the 
hazard, and (2) the nature and purpose of the facility. For 
other licenses, the Commission shall collect such nominal fees 
as it deems appropriate. No fee under this subsection shall be 
less than $100 per year.
    g. Use of Services of Private Insurers.--In administering 
the provisions of this section, the Commission or the 
Secretary, as appropriate, shall use, to the maximum extent 
practicable, the facilities and services of private insurance 
organizations, and the Commission or the Secretary, as 
appropriate, may contract to pay a reasonable compensation for 
such services. Any contract made under the provisions of this 
subsection may be made without regard to the provisions of 
section 3709 of the Revised Statutes (41 U.S.C. 5), as amended, 
upon a showing by the Commission or the Secretary, as 
appropriate, that advertising is not reasonably practicable and 
advance payments may be made.
    h. Conditions of Agreements of Indemnification.--The 
agreement of indemnification may contain such terms as the 
Commission or the Secretary, as appropriate, deems appropriate 
to carry out the purposes of this section. Such agreement shall 
provide that, when the Commission or the Secretary, as 
appropriate, makes a determination that the United States will 
probably be required to make indemnity payments under this 
section, the Commission or the Secretary, as appropriate, shall 
collaborate with any person indemnified and may approve the 
payment of any claim under the agreement of indemnification, 
appear through the Attorney General on behalf of the person 
indemnified, take charge of such action, and settle or defend 
any such action. The Commission or the Secretary, as 
appropriate, shall have final authority on behalf of the United 
States to settle or approve the settlement of any such claim on 
a fair and reasonable basis with due regard for the purposes of 
this Act. Such settlement shall not include expenses in 
connection with the claim incurred by the person indemnified.
    i. Compensation Plans.--(1) After any nuclear incident 
involving damages that are likely to exceed the applicable 
amount of aggregate public liability under subparagraph (A), 
(B), or (C) of subsection e. (1), the Secretary or the 
Commisison \1\, as appropriate, shall--
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    \1\ So in original. Probably should be ``Commission''.
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            (A) make a survey of the causes and extent of 
        damage; and
            (B) expeditiously submit a report setting forth the 
        results of such survey to the Congress, to the 
        Representatives of the affected districts, to the 
        Senators of the affected States, and (except for 
        information that will cause serious damage to the 
        national defense of the United States) to the public, 
        to the parties involved, and to the courts.
    (2) Not later than 90 days after any determination by a 
court, pursuant to subsection o., that the public liability 
from a single nuclear incident may exceed the applicable amount 
of aggregate public liability under subparagraph (A), (B), or 
(C) of subsection e. (1) the President shall submit to the 
Congress--
            (A) an estimate of the aggregate dollar value of 
        personal injuries and property damage that arises from 
        the nuclear incident and exceeds the amount of 
        aggregate public liability under subsection e. (1);
            (B) recommendations for additional sources of funds 
        to pay claims exceeding the applicable amount of 
        aggregate public liability under subparagraph (A), (B), 
        or (C) of subsection e. (1), which recommendations 
        shall consider a broad range of possible sources of 
        funds (including possible revenue measures on the 
        sector of the economy, or on any other class, to which 
        such revenue measures might be applied);
            (C) 1 or more compensation plans, that either 
        individually or collectively shall provide for full and 
        prompt compensation for all valid claims and contain a 
        recommendation or recommendations as to the relief to 
        be provided, including any recommendations that funds 
        be allocated or set aside for the payment of claims 
        that may arise as a result of latent injuries that may 
        not be discovered until a later date; and
            (D) any additional legislative authorities 
        necessary to implement such compensation plan or plans.
    (3)(A) Any compensation plan transmitted to the Congress 
pursuant to paragraph (2) shall bear an identification number 
and shall be transmitted to both Houses of Congress on the same 
day and to each House while it is in session.
    (B) The provisions of paragraphs (4) through (6) shall 
apply with respect to consideration in the Senate of any 
compensation plan transmitted to the Senate pursuant to 
paragraph (2).
    (4) No such compensation plan may be considered approved 
for purposes of subsection 170 e. (2) unless between the date 
of transmittal and the end of the first period of sixty 
calendar days of continuous session of Congress after the date 
on which such action is transmitted to the Senate, the Senate 
passes a resolution described in paragraph 6 \1\ of this 
subsection.
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    \1\ So in original. Probably should be ``(6)''.
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    (5) For the purpose of paragraph (4) of this subsection--
            (A) continuity of session is broken only by an 
        adjournment of Congress sine die; and
            (B) the days on which either House is not in 
        session because of an adjournment of more than three 
        days to a day certain are excluded in the computation 
        of the sixty-day calendar period.
    (6)(A) This paragraph is enacted--
            (i) as an exercise of the rulemaking power of the 
        Senate and as such it is deemed a part of the rules of 
        the Senate, but applicable only with respect to the 
        procedure to be followed in the Senate in the case of 
        resolutions described by subparagraph (B) and it 
        supersedes other rules only to the extent that it is 
        inconsistent therewith; and
            (ii) with full recognition of the constitutional 
        right of the Senate to change the rules at any time, in 
        the same manner and to the same extent as in the case 
        of any other rule of the Senate.
    (B) For purposes of this paragraph, the term ``resolution'' 
means only a joint resolution of the Congress the matter after 
the resolving clause of which is as follows: ``That the        
approves the compensation plan numbered         submitted to 
the Congress on         , 19  .'', the first blank space 
therein being filled with the name of the resolving House and 
the other blank spaces being appropriately filled; but does not 
include a resolution which specifies more than one compensation 
plan.
    (C) A resolution once introduced with respect to a 
compensation plan shall immediately be referred to a committee 
(and all resolutions with respect to the same compensation plan 
shall be referred to the same committee) by the President of 
the Senate.
    (D)(i) If the committee of the Senate to which a resolution 
with respect to a compensation plan has been referred has not 
reported it at the end of twenty calendar days after its 
referral, it shall be in order to move either to discharge the 
committee from further consideration of such resolution or to 
discharge the committee from further consideration with respect 
to such compensation plan which has been referred to the 
committee.
    (ii) A motion to discharge may be made only by an 
individual favoring the resolution, shall be highly privileged 
(except that it may not be made after the committee has 
reported a resolution with respect to the same compensation 
plan), and debate thereon shall be limited to not more than one 
hour, to be divided equally between those favoring and those 
opposing the resolution. An amendment to the motion shall not 
be in order, and it shall not be in order to move to reconsider 
the vote by which the motion was agreed to or disagreed to.
    (iii) If the motion to discharge is agreed to or disagreed 
to, the motion may not be renewed, nor may another motion to 
discharge the committee be made with respect to any other 
resolution with respect to the same compensation plan.
    (E)(i) When the committee has reported, or has been 
discharged from further consideration of, a resolution, it 
shall be at any time thereafter in order (even though a 
previous motion to the same effect has been disagreed to) to 
move to proceed to the consideration of the resolution. The 
motion shall be highly privileged and shall not be debatable. 
An amendment to the motion shall not be in order, and it shall 
not be in order to move to reconsider the vote by which the 
motion was agreed to or disagreed to.
    (ii) Debate on the resolution referred to in clause (i) of 
this subparagraph shall be limited to not more than ten hours, 
which shall be divided equally between those favoring and those 
opposing such resolution. A motion further to limit debate 
shall not be debatable. An amendment to, or motion to recommit, 
the resolution shall not be in order, and it shall not be in 
order to move to reconsider the vote by which such resolution 
was agreed to or disagreed to.
    (F)(i) Motions to postpone, made with respect to the 
discharge from committee, or the consideration of a resolution 
or motions to proceed to the consideration of other business, 
shall be decided without debate.
    (ii) Appeals from the decision of the Chair relating to the 
application of the rules of the Senate to the procedures 
relating to a resolution shall be decided without debate.
    j. Contracts in Advance of Appropriations.--In 
administering the provisions of this section, the Commission or 
the Secretary, as appropriate, may make contracts in advance of 
appropriations and incur obligations without regard to sections 
1341, 1342, 1349, 1350, and 1351, and subchapter II of chapter 
15, of title 31, United States Code.
    k. Exemption From Financial Protection Requirement for 
Nonprofit Educational Institutions.--With respect to any 
license issued pursuant to section 53, 63, 81, 104 a., or 104 
c. for the conduct of educational activities to a person found 
by the Commission to be a nonprofit educational institution, 
the Commission shall exempt such licensee from the financial 
protection requirement of subsection a. With respect to 
licenses issued between August 30, 1954, and August 1, 2002, 
for which the Commission grants such exemption:
            (1) the Commission shall agree to indemnify and 
        hold harmless the licensee and other persons 
        indemnified, as their interests may appear, from public 
        liability in excess of $250,000 arising from nuclear 
        incidents. The aggregate indemnity for all persons 
        indemnified in connection with each nuclear incident 
        shall not exceed $500,000,000, including such legal 
        costs of the licensee as are approved by the 
        Commission;
            (2) such contracts of indemnification shall cover 
        public liability arising out of or in connection with 
        the licensed activity; and shall include damage to 
        property of persons indemnified, except property which 
        is located at the site of and used in connection with 
        the activity where the nuclear incident occurs; and
            (3) such contracts of indemnification, when entered 
        into with a licensee having immunity from public 
        liability because it is a State agency, shall provide 
        also that the Commission shall make payments under the 
        contract on account of activities of the licensee in 
        the same manner and to the same extent as the 
        Commission would be required to do if the licensee were 
        not such a State agency.
Any licensee may waive an exemption to which it is entitled 
under this subsection. With respect to any production or 
utilization facility for which a construction permit is issued 
between August 30, 1954, and August 1, 2002, the requirements 
of this subsection shall apply to any license issued for such 
facility subsequent to August 1, 2002.
    (1) \1\ Presidential Commission on Catastrophic Nuclear 
Accidents.--(1) Not later than 90 days after the date of the 
enactment of the Price-Anderson Amendments Act of 1988, \2\ the 
President shall establish a commission (in this subsection 
referred to as the ``study commission'') in accordance with the 
Federal Advisory Committee Act (5 U.S.C. App.) to study means 
of fully compensating victims of a catastrophic nuclear 
accident that exceeds the amount of aggregate public liability 
under subsection e. (1).
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    \1\ So in original. Probably should be ``l.''.
    \2\ The date of enactment was Aug. 20, 1988.
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    (2)(A) The study commission shall consist of not less than 
7 and not more than 11 members, who--
            (i) shall be appointed by the President; and
            (ii) shall be representative of a broad range of 
        views and interests.
    (B) The members of the study commission shall be appointed 
in a manner that ensures that not more than a mere majority of 
the members are of the same political party.
    (C) Each member of the study commission shall hold office 
until the termination of the study commission, but may be 
removed by the President for inefficiency, neglect of duty, or 
malfeasance in office.
    (D) Any vacancy in the study commission shall be filled in 
the manner in which the original appointment was made.
    (E) The President shall designate one of the members of the 
study commission as chairperson, to serve at the pleasure of 
the President.
    (3) The study commission shall conduct a comprehensive 
study of appropriate means of fully compensating victims of a 
catastrophic nuclear accident that exceeds the amount of 
aggregate public liability under subsection e. (1), and shall 
submit to the Congress a final report setting forth--
            (A) recommendations for any changes in the laws and 
        rules governing the liability or civil procedures that 
        are necessary for the equitable, prompt, and efficient 
        resolution and payment of all valid damage claims, 
        including the advisability of adjudicating public 
        liability claims through an administrative agency 
        instead of the judicial system;
            (B) recommendations for any standards or procedures 
        that are necessary to establish priorities for the 
        hearing, resolution, and payment of claims when awards 
        are likely to exceed the amount of funds available 
        within a specific time period; and
            (C) recommendations for any special standards or 
        procedures necessary to decide and pay claims for 
        latent injuries caused by the nuclear incident.
    (4)(A) The chairperson of the study commission may appoint 
and fix the compensation of a staff of such persons as may be 
necessary to discharge the responsibilities of the study 
commission, subject to the applicable provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) and title 5, United 
States Code.
    (B) To the extent permitted by law and requested by the 
chairperson of the study commission, the Administrator of 
General Services shall provide the study commission with 
necessary administrative services, facilities, and support on a 
reimbursable basis.
    (C) The Attorney General, the Secretary of Health and Human 
Services, and the Director of the Federal Emergency Management 
Agency shall, to the extent permitted by law and subject to the 
availability of funds, provide the study commission with such 
facilities, support, funds and services, including staff, as 
may be necessary for the effective performance of the functions 
of the study commission.
    (D) The study commission may request any Executive agency 
to furnish such information, advice, or assistance as it 
determines to be necessary to carry out its functions. Each 
such agency is directed, to the extent permitted by law, to 
furnish such information, advice or assistance upon request by 
the chairperson of the study commission.
    (E) Each member of the study commission may receive 
compensation at the maximum rate prescribed by the Federal 
Advisory Committee Act (5 U.S.C. App.) for each day such member 
is engaged in the work of the study commission. Each member may 
also receive travel expenses, including per diem in lieu of 
subsistence under sections 5702 and 5703 of title 5, United 
States Code.
    (F) The functions of the President under the Federal 
Advisory Committee Act (5 U.S.C. App.) that are applicable to 
the study commission, except the function of reporting annually 
to the Congress, shall be performed by the Administrator of 
General Services.
    (5) The final report required in paragraph (3) shall be 
submitted to the Congress not later than the expiration of the 
2-year period beginning on the date of the enactment of the 
Price-Anderson Amendments Act of 1988. \1\
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    \1\ The date of enactment was Aug. 20, 1988.
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    (6) The study commission shall terminate upon the 
expiration of the 2-month period beginning on the date on which 
the final report required in paragraph (3) is submitted.
    m. Coordinated Procedures for Prompt Settlement of Claims 
and Emergency Assistance.--The Commission or the Secretary, as 
appropriate, is authorized to enter into agreements with other 
indemnitors to establish coordinated procedures for the prompt 
handling, investigation, and settlement of claims for public 
liability. The Commission or the Secretary, as appropriate, and 
other indemnitors may make payments to, or for the aid of, 
claimants for the purpose of providing immediate assistance 
following a nuclear incident. Any funds appropriated to the 
Commission or the Secretary, as appropriate, shall be available 
for such payments. Such payments may be made without securing 
releases, shall not constitute an admission of the liability of 
any person indemnified or of any indemnitor, and shall operate 
as a satisfaction to the extent thereof of any final settlement 
or judgment.
    n. Waiver of Defenses and Judicial Procedures.--(1) With 
respect to any extraordinary nuclear occurrence to which an 
insurance policy or contract furnished as proof of financial 
protection or an indemnity agreement applies and which--
            (A) arises out of or results from or occurs in the 
        course of the construction, possession, or operation of 
        a production or utilization facility,
            (B) arises out of or results from or occurs in the 
        course of transportation of source material, byproduct 
        material, or special nuclear material to or from a 
        production or utilization facility,
            (C) during the course of the contract activity 
        arises out of or results from the possession, 
        operation, or use by a Department of Energy contractor 
        or subcontractor of a device utilizing special nuclear 
        material or byproduct material,
            (D) arises out of, results from, or occurs in the 
        course of, the construction, possession, or operation 
        of any facility licensed under section 53, 63, or 81, 
        for which the Commission has imposed as a condition of 
        the license a requirement that the licensee have and 
        maintain financial protection under subsection a.,
            (E) arises out of, results from, or occurs in the 
        course of, transportation of source material, byproduct 
        material, or special nuclear material to or from any 
        facility licensed under section 53, 63, or 81, for 
        which the Commission has imposed as a condition of the 
        license a requirement that the licensee have and 
        maintain financial protection under subsection a., or
            (F) arises out of, results from, or occurs in the 
        course of nuclear waste activities. \1\
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    \1\ So in original. Probably should be a comma.
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the Commission or the Secretary, as appropriate, may 
incorporate provisions in indemnity agreements with licensees 
and contractors under this section, and may require provisions 
to be incorporated in insurance policies or contracts furnished 
as proof of financial protection, which waive (i) any issue or 
defense as to conduct of the claimant or fault of persons 
indemnified, (ii) any issue or defense as to charitable or 
governmental immunity, and (iii) any issue or defense based on 
any statute of limitations if suit is instituted within three 
years from the date on which the claimant first knew, or 
reasonably could have known, of his injury or damage and the 
cause thereof. The waiver of any such issue or defense shall be 
effective regardless of whether such issue or defense may 
otherwise be deemed jurisdictional or relating to an element in 
the cause of action. When so incorporated, such waivers shall 
be judicially enforceable in accordance with their terms by the 
claimant against the person indemnified. Such waivers shall not 
preclude a defense based upon a failure to take reasonable 
steps to mitigate damages, nor shall such waivers apply to 
injury or damage to a claimant or to a claimant's property 
which is intentionally sustained by the claimant or which 
results from a nuclear incident intentionally and wrongfully 
caused by the claimant. The waivers authorized in this 
subsection shall, as to indemnitors, be effective only with 
respect to those obligations set forth in the insurance 
policies or the contracts furnished as proof of financial 
protection and in the indemnity agreements. Such waivers shall 
not apply to, or prejudice the prosecution or defense of, any 
claim or portion of claim which is not within the protection 
afforded under (i) the terms of insurance policies or contracts 
furnished as proof of financial protection, or indemnity 
agreements, and (ii) the limit of liability provisions of 
subsection e.
    (2) With respect to any public liability action arising out 
of or resulting from a nuclear incident, the United States 
district court in the district where the nuclear incident takes 
place, or in the case of a nuclear incident taking place 
outside the United States, the United States District Court for 
the District of Columbia, shall have original jurisdiction 
without regard to the citizenship of any party or the amount in 
controversy. Upon motion of the defendant or of the Commission 
or the Secretary, as appropriate, any such action pending in 
any State court (including any such action pending on the date 
of the enactment of the Price-Anderson Amendments Act of 1988) 
\1\ or United States district court shall be removed or 
transferred to the United States district court having venue 
under this subsection. Process of such district court shall be 
effective throughout the United States. In any action that is 
or becomes removable pursuant to this paragraph, a petition for 
removal shall be filed within the period provided in section 
1446 of title 28, United States Code, or within the 30-day 
period beginning on the date of the enactment of the Price-
Anderson Amendments Act of 1988, \1\ whichever occurs later.
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    \1\ The date of enactment was Aug. 20, 1988.
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    (3)(A) Following any nuclear incident, the chief judge of 
the United States district court having jurisdiction under 
paragraph (2) with respect to public liability actions (or the 
judicial council of the judicial circuit in which the nuclear 
incident occurs) may appoint a special caseload management 
panel (in this paragraph referred to as the ``management 
panel'') to coordinate and assign (but not necessarily hear 
themselves) cases arising out of the nuclear incident, if--
            (i) a court, acting pursuant to subsection o., 
        determines that the aggregate amount of public 
        liability is likely to exceed the amount of primary 
        financial protection available under subsection b. (or 
        an equivalent amount in the case of a contractor 
        indemnified under subsection d.); or
            (ii) the chief judge of the United States district 
        court (or the judicial council of the judicial circuit) 
        determines that cases arising out of the nuclear 
        incident will have an unusual impact on the work of the 
        court.
    (B)(i) Each management panel shall consist only of members 
who are United States district judges or circuit judges.
    (ii) Members of a management panel may include any United 
States district judge or circuit judge of another district 
court or court of appeals, if the chief judge of such other 
district court or court of appeals consents to such assignment.
    (C) It shall be the function of each management panel--
            (i) to consolidate related or similar claims for 
        hearing or trial;
            (ii) to establish priorities for the handling of 
        different classes of cases;
            (iii) to assign cases to a particular judge or 
        special master;
            (iv) to appoint special masters to hear particular 
        types of cases, or particular elements or procedural 
        steps of cases;
            (v) to promulgate special rules of court, not 
        inconsistent with the Federal Rules of Civil Procedure, 
        to expedite cases or allow more equitable consideration 
        of claims;
            (vi) to implement such other measures, consistent 
        with existing law and the Federal Rules of Civil 
        Procedure, as will encourage the equitable, prompt, and 
        efficient resolution of cases arising out of the 
        nuclear incident; and
            (vii) to assemble and submit to the President such 
        data, available to the court, as may be useful in 
        estimating the aggregate damages from the nuclear 
        incident.
    o. Plan for Distribution of Funds.--(1) Whenever the United 
States district court in the district where a nuclear incident 
occurs, or the United States District Court for the District of 
Columbia in case of a nuclear incident occurring outside the 
United States, determines upon the petition of any indemnitor 
or other interested person that public liability from a single 
nuclear incident may exceed the limit of liability under the 
applicable limit of liability under subparagraph (A), (B), or 
(C) of subsection e. (1):
            (A) Total payments made by or for all indemnitors 
        as a result of such nuclear incident shall not exceed 
        15 per centum of such limit of liability without the 
        prior approval of such court;
            (B) The court shall not authorize payments in 
        excess of 15 per centum of such limit of liability 
        unless the court determines that such payments are or 
        will be in accordance with a plan of distribution which 
        has been approved by the court or such payments are not 
        likely to prejudice the subsequent adoption and 
        implementation by the court of a plan of distribution 
        pursuant to subparagraph (C); and
            (C) The Commission or the Secretary, as 
        appropriate, shall, and any other indemnitor or other 
        interested person may, submit to such district court a 
        plan for the disposition of pending claims and for the 
        distribution of remaining funds available. Such a plan 
        shall include an allocation of appropriate amounts for 
        personal injury claims, property damage claims, and 
        possible latent injury claims which may not be 
        discovered until a later time. Such court shall have 
        all power necessary to approve, disapprove, or modify 
        plans proposed, or to adopt another plan; and to 
        determine the proportionate share of funds available 
        for each claimant. The Commission or the Secretary as 
        appropriate, any other indemnitor, and any person 
        indemnified shall be entitled to such orders as may be 
        appropriate to implement and enforce the provisions of 
        this section, including orders limiting the liability 
        of the persons indemnified, orders approving or 
        modifying the plan, orders staying the payment of 
        claims and the execution of court judgments, orders 
        apportioning the payments to be made to claimants, and 
        orders permitting partial payments to be made before 
        final determination of the total claims. The orders of 
        such court shall be effective throughout the United 
        States and shall include establishment of priorities 
        between claimants and classes of claims, as necessary 
        to insure the most equitable allocation of available 
        funds.
            (D) A court may authorize payment of only such 
        legal costs as are permitted under paragraph (2) from 
        the amount of financial protection required by 
        subsection b.
            (E) If the sum of public liability claims and legal 
        costs authorized under paragraph (2) arising from any 
        nuclear incident exceeds the maximum amount of 
        financial protection required under subsection b., any 
        licensee required to pay a standard deferred premium 
        under subsection b. (1) shall, in addition to such 
        deferred premium, be charged such an amount as is 
        necessary to pay a pro rata share of such claims and 
        costs, but in no case more than 5 percent of the 
        maximum amount of such standard deferred premium 
        described in such subsection.
    (2) A court may authorize the payment of legal costs under 
paragraph (1)(D) only if the person requesting such payment 
has--
            (A) submitted to the court the amount of such 
        payment requested; and
            (B) demonstrated to the court--
                    (i) that such costs are reasonable and 
                equitable; and
                    (ii) that such person has--
                            (I) litigated in good faith;
                            (II) avoided unnecessary 
                        duplication of effort with that of 
                        other parties similarly situated;
                            (III) not made frivolous claims or 
                        defenses; and
                            (IV) not attempted to unreasonably 
                        delay the prompt settlement or 
                        adjudication of such claims.
    p. Reports to Congress.--The Commission and the Secretary 
shall submit to the Congress by August 1, 1998, detailed 
reports concerning the need for continuation or modification of 
the provisions of this section, taking into account the 
condition of the nuclear industry, availability of private 
insurance, and the state of knowledge concerning nuclear safety 
at that time, among other relevant factors, and shall include 
recommendations as to the repeal or modification of any of the 
provisions of this section.
    q. Limitation on Awarding of Precautionary Evacuation 
Cost.--No court may award costs of a precautionary evacuation 
unless such costs constitute a public liability.
    r. Limitation on Liability of Lessors.--No person under a 
bona fide lease of any utilization or production facility (or 
part thereof or undivided interest therein) shall be liable by 
reason of an interest as lessor of such production or 
utilization facility, for any legal liability arising out of or 
resulting from a nuclear incident resulting from such facility, 
unless such facility is in the actual possession and control of 
such person at the time of the nuclear incident giving rise to 
such legal liability.
    s. Limitation on Punitive Damages.--No court may award 
punitive damages in any action with respect to a nuclear 
incident or precautionary evacuation against a person on behalf 
of whom the United States is obligated to make payments under 
an agreement of indemnification covering such incident or 
evacuation.
    t. Inflation Adjustment.--(1) The Commission shall adjust 
the amount of the maximum standard deferred premium under 
subsection b. (1) not less than once during each 5-year period 
following the date of the enactment of the Price-Anderson 
Amendments Act of 1988, in accordance with the aggregate 
percentage change in the Consumer Price Index since--
            (A) such date of enactment, in the case of the 
        first adjustment under this subsection; or
            (B) the previous adjustment under this subsection.
    (2) For purposes of this subsection, the term ``Consumer 
Price Index'' means the Consumer Price Index for all urban 
consumers published by the Secretary of Labor.

[42 U.S.C. 2210]

    Sec. 170A. Conflicts of Interest Relating to Contracts and 
Other Arrangements.--
    a. The Commission shall, by rule, require any person 
proposing to enter into a contract, agreement, or other 
arrangement, whether by competitive bid or negotiation, under 
this Act or any other law administered by it for the conduct of 
research, development, evaluation activities, or for technical 
and management support services, to provide the Commission, 
prior to entering into any such contract, agreement, or 
arrangement, with all relevant information, as determined by 
the Commission, bearing on whether that person has a possible 
conflict of interest with respect to--
            (1) being able to render impartial, technically 
        sound, or objective assistance or advice in light of 
        other activities or relationships with other persons, 
        or
            (2) being given an unfair competitive advantage. 
        Such person shall insure, in accordance with 
        regulations prescribed by the Commission, compliance 
        with this section by any subcontractor (other than a 
        supply subcontractor) of such person in the case of any 
        subcontract for more than $10,000.
    b. The Commission shall not enter into any such contract 
agreement or arrangement unless it finds, after evaluating all 
information provided under subsection a. and any other 
information otherwise available to the Commission that--
            (1) it is unlikely that a conflict of interest 
        would exist, or
            (2) such conflict has been avoided after 
        appropriate conditions have been included in such 
        contract, agreement, or arrangement; except that if the 
        Commission determines that such conflict of interests 
        exists and that such conflict of interest cannot be 
        avoided by including appropriate conditions therein, 
        the Commission may enter into such contract, agreement, 
        or arrangement, if the Commission determines that it is 
        in the best interests of the United States to do so and 
        includes appropriate conditions in such contract, 
        agreement, or arrangement to mitigate such conflict.
    c. The Commission shall publish rules for the 
implementation of this section, in accordance with section 553 
of title 5, United States Code (without regard to subsection 
(a)(2) thereof) as soon as practicable after the date of the 
enactment of this section, \1\ but in no event later than 120 
days after such date.
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    \1\ The date of enactment was Nov. 6, 1978.
---------------------------------------------------------------------------

[42 U.S.C. 2210a]

    Sec. 170B. Uranium Supply.--
    a. The Secretary of Energy shall monitor and for the years 
1983 to 1992 report annually to the Congress and to the 
President a determination of the viability of the domestic 
uranium mining and milling industry and shall establish by 
rule, after public notice and in accordance with the 
requirements of section 181 of this Act, within 9 months of 
enactment of this section, specific criteria which shall be 
assessed in the annual reports on the domestic uranium 
industry's viability. The Secretary of Energy is authorized to 
issue regulations providing for the collection of such 
information as the Secretary of Energy deems necessary to carry 
out the monitoring and reporting requirements of this section.
    b. Upon a satisfactory showing to the Secretary of Energy 
by any person that any information, or portion thereof obtained 
under this section, would, if made public, divulge proprietary 
information of such person, the Secretary shall not disclose 
such information and disclosure thereof shall be punishable 
under section 1905 of title 18, United States Code.
    c. The criteria referred to in subsection a. shall also 
include, but not be limited to--
            (1) an assessment of whether executed contracts or 
        options for source material or special nuclear material 
        will result in greater than 37\1/2\ percent of actual 
        or projected domestic uranium requirements for any two-
        consecutive-year period being supplied by source 
        material or special nuclear material from foreign 
        sources;
            (2) projections of uranium requirements and 
        inventories of domestic utilities for a 10 year period;
            (3) present and probable future use of the domestic 
        market by foreign imports;
            (4) whether domestic economic reserves can supply 
        all future needs for a future 10 year period;
            (5) present and projected domestic uranium 
        exploration expenditures and plans;
            (6) present and projected employment and capital 
        investment in the uranium industry;
            (7) the level of domestic uranium production 
        capacity sufficient to meet projected domestic nuclear 
        power needs for a 10 year period; and
            (8) a projection of domestic uranium production and 
        uranium price levels which will be in effect under 
        various assumptions with respect to imports.
    d. The Secretary or  \1\ Energy, at any time, may determine 
on the basis of the monitoring and annual reports required 
under this section that source material or special nuclear 
material from foreign sources is being imported in such 
increased quantities as to be a substantial cause of serious 
injury, or threat thereof, to the United States uranium mining 
and milling industry. Based on that determination, the United 
States Trade Representative shall request that the United 
States International Trade Commission initiate an investigation 
under section 201 of the Trade Act of 1974 (19 U.S.C. 2251).
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``of''.
---------------------------------------------------------------------------
    e. (1) If, during the period 1982 to 1992, the Secretary of 
Energy determines that executed contracts or options for source 
material or special nuclear material from foreign sources for 
use in utilization facilities within or under the jurisdiction 
of the United States represent greater than 37\1/2\ percent of 
actual or projected domestic uranium requirements for any two-
consecutive-year period, or if the Secretary of Energy 
determines the level of contracts or options involving source 
material and special nuclear material from foreign sources may 
threaten to impair the national security, the Secretary of 
Energy shall request the Secretary of Commerce to initiate 
under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 
1862) an investigation to determine the effects on the national 
security of imports of source material and special nuclear 
material. The Secretary of Energy shall cooperate fully with 
the Secretary of Commerce in carrying out such an investigation 
and shall make available to the Secretary of Commerce the 
findings that lead to this request and such other information 
that will assist the Secretary of Commerce in the conduct of 
the investigation.
    (2) The Secretary of Commerce shall, in the conduct of any 
investigation requested by the Secretary of Energy pursuant to 
this section, take into account any information made available 
by the Secretary of Energy, including information regarding the 
impact on national security of projected or executed contracts 
or options for source material or special nuclear material from 
foreign sources or whether domestic production capacity is 
sufficient to supply projected national security requirements.
    (3) No sooner than 3 years following completion of any 
investigation by the Secretary of Commerce under paragraph (1), 
if no recommendation has been made pursuant to such study for 
trade adjustments to assist or protect domestic uranium 
production, the Secretary of Energy may initiate a request for 
another such investigation by the Secretary of Commerce.

SEC. 170C. PROTECTION OF DESIGNATED NUCLEAR FACILITIES.

    (a) Definitions.--In this section:
            (1) Certificate holder.--The term ``certificate 
        holder'' means the holder of a certificate of 
        compliance issued by the Commission under this Act.
            (2) Federal security coordinator.--The term 
        ``Federal security coordinator'' means a Federal 
        security coordinator as assigned under this Act.
            (3) Design basis threat.--The term ``design basis 
        threat'' means the threat components or capability of 
        an adversary against which a nuclear facility is 
        responsible for defending under regulations, orders, or 
        other directives of the Commission.
            (4) Licensee.--The term ``licensee,' means the 
        holder of a license issued by the Commission.
    (b) Classes of Designated Nuclear Facility.--
            (1) In general.--Not later than 18 months after the 
        date of enactment of this section, the Commission 
        shall, by regulation, establish classes of designated 
        nuclear facility.
            (2) Classification.--The Commission shall classify 
        facilities licensed by the Commission or issued a 
        certificate by the Commission, including--
                    (A) commercial nuclear power plants;
                    (B) independent spent fuel storage 
                installations;
                    (C) decommissioned nuclear power plants;
                    (D) fuel processing facilities;
                    (E) gaseous diffusion facilities; and
                    (F) any other facility that the Commission 
                determines should be classified as a designated 
                nuclear facility.
            (3) Factors.--In determining whether to classify a 
        facility as a designated nuclear facility, the 
        Commission shall consider--
                    (A) the nature or type of facility;
                    (B) the nature or type of potential 
                radiological release from the facility; and
                    (C) other factors relating to protecting 
                public health and safety, the environment, and 
                the common defense and security.
    (c) Security Examination.--
            (1) In general.--The Commission and the Secretary 
        of Homeland Security, in consultation with other 
        agencies and State and local governments as 
        appropriate, shall examine--
                    (A) potential threats to nuclear 
                facilities, as appropriate, including 
                consideration of--
                            (i) threats comparable to the 
                        events of September 11, 2001;
                            (ii) cyber threats, chemical 
                        threats, and biological threats;
                            (iii) attacks on nuclear facilities 
                        by multiple coordinated teams of a 
                        large number of individuals;
                            (iv) attacks by several persons, 
                        including persons employed at the 
                        nuclear facility, some of whom may have 
                        sophisticated knowledge of the 
                        operations of the nuclear facility;
                            (v) attacks by individuals willing 
                        to commit suicide to carry out the 
                        attacks;
                            (vi) intrusions originating from 
                        water or from the air; and
                            (vii) fire, especially fire of a 
                        long duration;
                    (B) classification of threats against 
                nuclear facilities, as appropriate, as--
                            (i) a type of threat falling under 
                        the responsibilities of the Federal 
                        Government, including an act by an 
                        enemy of the United States, whether a 
                        foreign government or any other person;
                            (ii) a type of threat falling under 
                        the responsibility of a State or local 
                        government; or
                            (iii) a type of threat the defense 
                        against which should be the 
                        responsibility of a licensee or 
                        certificate holder;
                    (C) the national security response 
                capability, including--
                            (i) identification of the 
                        obligations and authorities of the 
                        United States for protection of areas 
                        (including waterways, ports, roadways, 
                        airspace, or facilities in the vicinity 
                        of a nuclear facility) in the event of 
                        a terrorist threat or a terrorist 
                        attack against a nuclear facility, as 
                        appropriate;
                            (ii) identification of the Federal, 
                        State, and local agencies responsible 
                        for carrying out the obligations and 
                        authorities of the United States 
                        identified under clause (i); and
                            (iii) coordination between the 
                        Federal, State and local agencies 
                        identified under clause (ii), the 
                        Commission, and licensees or 
                        certificate holders of nuclear 
                        facilities, for protection of nuclear 
                        facilities and adjacent areas in the 
                        event of a terrorist threat or a 
                        terrorist attack;
                    (D) coordination of Federal, State, and 
                local security efforts to protect against 
                terrorist or other criminal attacks at nuclear 
                facilities, as appropriate;
                    (E) the adequacy of planning to protect the 
                public health and safety at and around nuclear 
                facilities, as appropriate, in the event of a 
                terrorist attack against a nuclear facility, 
                including--
                            (i) matters relating to the 
                        adequacy of emergency planning zones;
                            (ii) matters relating to the 
                        adequacy and coordination of Federal, 
                        State, and local emergency planning and 
                        other measures; and
                            (iii) matters relating to the 
                        adequacy of security plans for those 
                        nuclear facilities;
                    (F) the system of threat levels, consistent 
                with the Homeland Security Advisory System, 
                used to categorize the threats pertinent to 
                nuclear facilities, as appropriate, including--
                            (i) procedures to ensure 
                        coordinated Federal, State, and local 
                        responses to changing threat levels for 
                        those nuclear facilities;
                            (ii) monitoring of threats against 
                        those nuclear facilities; and
                            (iii) procedures to notify 
                        licensees and certificate holders of 
                        those nuclear facilities of changes in 
                        threat levels;
                    (H) the hiring and training standards for 
                members of private security forces at nuclear 
                facilities, as appropriate;
                    (I) the coordination of Federal resources 
                to expedite and improve the process of 
                conducting background checks under section 149;
                    (J) the establishment by the Secretary of 
                Homeland Security of a program to provide 
                technical assistance and training for the 
                National Guard, State law enforcement agencies, 
                and local law enforcement agencies to respond, 
                as appropriate, to threats against nuclear 
                facilities, as appropriate, including 
                recommendations for the establishment of a 
                grant program to assist State and local 
                governments in carrying out any recommendations 
                under paragraph (3); and
                    (K) options for protecting spent fuel 
                storage areas, such as dry cask storage, and 
                associated infrastructure.
            (2) Completion.--The Commission and the Secretary 
        of Homeland Security shall complete the security 
        examination under paragraph (1) not later than 1 year 
        after the date of enactment of this section.
            (3) Report.--Not later than 180 days after 
        completion of the security examination under paragraph 
        (1), the Commission and the Secretary of Homeland 
        Security shall submit to the President and Congress, in 
        classified and unclassified form, a report with 
        recommendations and findings.
    (d) Revision of Design Basis Threats.--
            (1) In general.--Not later than 180 days after 
        completion of the report under subsection (c)(3), the 
        Commission shall by regulation revise the design basis 
        threats promulgated before the date of enactment of 
        this section as the Commission determines to be 
        appropriate based on the security examination.
            (2) Applicability.--A revised design basis threat 
        under paragraph (1) shall apply to such classes of 
        designated nuclear facility as the Commission 
        determines to be appropriate.
            (3) Protection of safeguards information.--
                    (A) In general.--In promulgating any 
                regulations under this subsection, the 
                Commission shall ensure protection of 
                information in accordance with chapter 12, 
                section 181, and any other applicable law.
                    (B) Effect of section.--Nothing in this 
                section supersedes any law governing the 
                disclosure of classified information or 
                safeguards information.
                    (C) Reports to congress on withheld 
                information.--
                            (i) Report.--Not later than 60 days 
                        after the effective date of the 
                        regulations required by this 
                        subsection, the Commission shall submit 
                        to Congress a report, in classified and 
                        unclassified form, describing any 
                        classified information, safeguards 
                        information, or other information that 
                        the Commission considered in 
                        promulgating the regulations but did 
                        not make available to the public 
                        because of the sensitive nature of the 
                        information.
                            (ii) Orders to licensees or 
                        certificate holders.--Periodically, but 
                        not less than once every 6 months, the 
                        Commission shall submit to Congress a 
                        report, in classified and unclassified 
                        form, identifying any orders or 
                        instructions to operators, licensees, 
                        or certificate holders issued under the 
                        regulations required by this subsection 
                        that were not made public because of 
                        their classified content, safeguards 
                        content, or sensitive content.
    (e) Threat Levels.--Not later than 150 days after the date 
of submission of the report under subsection (c)(3), the 
Commission shall establish a system for the determination of 
threat levels pertinent to--
            (1) such classes of designated nuclear facility as 
        the Commission determines to be appropriate; and
            (2) materials subject to this Act as designated by 
        the Commission.
    (f) Security Plans.--
            (1) In general.--Pursuant to any action taken by 
        the Commission under subsection (d)(1) to revise a 
        design basis threat, not later than 30 days after the 
        revised design basis threat under subsection (d) 
        becomes effective, the Commission shall require each 
        licensee or certificate holder of a designated nuclear 
        facility that is subject to the revised design basis 
        threat to--
                    (A) revise the security plan of that 
                designated nuclear facility to ensure that that 
                designated nuclear facility protects against 
                the appropriate design basis threats; and
                    (B) submit the security plan to the 
                Commission for review.
            (2) Review schedule.--The Commission shall 
        establish a priority schedule for conducting reviews of 
        security plans based on--
                    (A) the proximity of the designated nuclear 
                facility to large population areas; and
                    (B) other critical factors identified by 
                the Commission.
            (3) Upgrades to security.--The Commission shall 
        ensure that the licensee or certificate holder of each 
        designated nuclear facility that is subject to the 
        revised design basis threat makes any changes to 
        security and the security plan required from the 
        Commission review on a schedule established by the 
        Commission, but not to exceed 18 months after 
        completion of the review.
    (g) Emergency Response Plans and Preparedness.--
            (1) In general.--The Commission and the Secretary 
        of Homeland Security, in consultation with other 
        Federal, State, and local government agencies, as 
        appropriate, shall review and update the requirements 
        in effect on the date of enactment of this section for 
        on-site and off-site emergency response plans and 
        preparedness for response to an emergency involving a 
        designated nuclear facility in such classes of 
        designated nuclear facility as the Commission 
        determines to be appropriate to ensure that the 
        requirements--
                    (A) are adequate to protect public health 
                and safety;
                    (B) provide reasonable assurance that the 
                plans can and will be implemented; and
                    (C) provide reasonable assurance that 
                adequate protective measures can and will be 
                taken in the event of such an emergency.
            (2) Requirements.--At a minimum, the updated 
        requirements applicable to a designated nuclear 
        facility under paragraph (1) shall provide for--
                    (A) the establishment of, clear definition 
                of, assignment of, and assurance of the ability 
                to carry out, responsibilities of emergency 
                response organizations and personnel among the 
                licensee or certificate holder, State and local 
                organizations, and other supporting 
                organizations;
                    (B) methods and procedures for the clear 
                and prompt notification of State and local 
                response organizations and the public by the 
                licensee or certificate holder;
                    (C) methods and procedures for prompt 
                communication and coordination among emergency 
                response organizations and personnel and the 
                public;
                    (D) dissemination of information to the 
                public, including pre-emergency education on a 
                periodic basis and in the event of an actual 
                emergency;
                    (E) adequate emergency facilities and 
                equipment at and around the designated nuclear 
                facility;
                    (F) the use of appropriate methods, 
                systems, and equipment for assessing and 
                monitoring actual and potential impacts of an 
                emergency, including a radiological emergency;
                    (G) a range of protective actions for the 
                public, including appropriate evacuation and 
                sheltering and the prophylactic use of 
                potassium iodide;
                    (H) means for controlling radiological 
                exposures and other hazardous exposures;
                    (I) appropriate medical services;
                    (J) recovery and reentry plans; and
                    (K) radiological emergency response 
                training.
            (3) Factors.--The updated requirements under 
        paragraph (1) shall address relevant factors, 
        including--
                    (A) population density, topography, land 
                characteristics, access routes, and 
                jurisdictional boundaries;
                    (B) unique aspects of an emergency 
                resulting from a terrorist attack;
                    (C) available technology and technical 
                innovations; and
                    (D) other factors, as determined by the 
                Commission or the Secretary of Homeland 
                Security.
            (4) Stakeholder involvement.--In updating 
        requirements under paragraph (1), the Commission and 
        the Secretary of Homeland Security shall include 
        requirements for appropriate stakeholder involvement in 
        the planning and exercise process, including the 
        involvement of--
                    (A) local governments;
                    (B) large employers;
                    (C) facilities such as schools, hospitals, 
                nursing homes, and prisons;
                    (D) advocacy groups; and
                    (E) other interested groups and individuals 
                near a designated nuclear facility.
            (5) Regulations.--
                    (A) In general.--The Commission and the 
                Secretary of Homeland Security shall promulgate 
                regulations implementing this subsection not 
                later than 180 days following the completion of 
                the report under subsection (c)(3).
                    (B) Effective date.--The regulations shall 
                take effect not later than 90 days after the 
                date of promulgation.
            (6) Reviews.--
                    (A) In general.--Not later than 60 days 
                after the effective date of the regulations 
                under paragraph (5), the Commission, in 
                coordination with the Secretary of Homeland 
                Security and, as appropriate, in consultation 
                with other Federal, State, and local government 
                agencies, shall begin reviewing on-site and 
                off-site emergency response plans and 
                preparedness capabilities for compliance with 
                the regulations.
                    (B) Review schedule.--The Commission, in 
                coordination with the Secretary of Homeland 
                Security, shall establish a priority schedule 
                for conducting reviews of emergency response 
                plans and preparedness capabilities under 
                subparagraph (A) based on the relative 
                vulnerability of the designated nuclear 
                facilities that are subject to the regulations 
                and the proximity of the designated nuclear 
                facilities to high population density areas.
                    (C) Report.--The Commission, in 
                coordination with the Secretary of Homeland 
                Security, shall submit to Congress a report, in 
                classified and unclassified form, describing 
                the results of each review conducted under 
                subparagraph (A).
            (7) Effect of subsection.--Nothing in this 
        subsection limits the authority of the Commission or 
        the Secretary of Homeland Security to take other 
        actions for protection of the public health and safety, 
        the environment, or the common defense and security 
        under any other authority of the Commission or the 
        Secretary of Homeland Security.
    (h) Employee Security.--
            (1) Review.--Not later than 180 days after the date 
        of enactment of this section, the Commission shall 
        review and update as appropriate the access and 
        training standards for employees of nuclear facilities.
            (2) Disqualification of individuals who present 
        national security risks.--The Commission shall 
        establish qualifications and procedures, in addition to 
        fingerprinting for criminal history record checks 
        conducted under section 149, to ensure that no 
        individual who presents a threat to national security 
        is employed at a designated nuclear facility in such 
        classes of designated nuclear facility as the 
        Commission determines to be appropriate.
    (i) Federal Security Coordinators.--
            (1) Regional offices.--Not later than 18 months 
        after the date of enactment of this section, the 
        Commission shall assign a Federal security coordinator, 
        under the employment of the Commission, to each region 
        of the Commission.
            (2) Responsibilities.--The Federal security 
        coordinator shall be responsible for--
                    (A) communicating with the Commission and 
                other Federal, State, and local authorities 
                concerning threats, including threats against a 
                designated nuclear facility in such classes of 
                designated nuclear facilities as the Commission 
                determines to be appropriate;
                    (B) ensuring that a designated nuclear 
                facility in such classes of designated nuclear 
                facility as the Commission determines to be 
                appropriate maintains security consistent with 
                the security plan in accordance with the 
                appropriate threat level; and
                    (C) assisting in the coordination of 
                security measures among--
                            (i) the private security force at a 
                        designated nuclear facility in such 
                        classes of designated nuclear 
                        facilities as the Commission determines 
                        to be appropriate; and
                            (ii) Federal, State, and local 
                        authorities, as appropriate.
            (3) Additional federal security coordinators.--
                    (A) In general.--The Commission may assign 
                an additional Federal security coordinator, as 
                the Commission considers appropriate, to a 
                Commission office on the site of a designated 
                nuclear facility.
                    (B) Request by governor.--The Governor of 
                any State that contains a designated nuclear 
                facility may request the assignment of an 
                additional Federal security coordinator to 1 or 
                more designated nuclear facilities in that 
                State.
    (j) National Security Capability.--
            (1) In general.--Not later than 18 months after the 
        date of enactment of this section, the President shall 
        identify the national security support capability to 
        protect designated nuclear facilities against terrorist 
        threats and attacks.
            (2) Elements.--The national security support 
        capability shall use capabilities of such Federal 
        agencies identified in the report under subsection 
        (c)(3), or of other Federal, State, and local agencies, 
        as the President determines to be appropriate.
            (3) Capabilities.--
                    (A) In general.--The national security 
                support capability shall provide assistance to 
                the private security force at each designated 
                nuclear facility in such classes of designated 
                nuclear facilities as the Commission determines 
                to be appropriate, appropriate State and local 
                agencies including emergency response and law 
                enforcement agencies, and where appropriate, 
                the National Guard, in accordance with the 
                obligations and authorities of the United 
                States, as identified in the report to Congress 
                required under subsection (c)(3).
                    (B) Coordination.--The President shall 
                ensure that effective coordination exists 
                between Federal agencies, the Commission, and 
                State and local governments in planning and 
                deployment for prevention, deterrence, and 
                response to actual or potential terrorist 
                attacks against such classes of designated 
                nuclear facility as the Commission considers 
                appropriate.
            (4) Training program.--
                    (A) In general.--The President shall 
                establish a program to provide technical 
                assistance and training to Federal agencies, 
                the National Guard, and State and local law 
                enforcement and emergency response agencies in 
                responding to threats against a designated 
                nuclear facility.
                    (B) Grants.--The President may provide 
                grants to State and local governments to assist 
                in carrying out subparagraph (A).
            (5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.
    (k) Classified Information.--Nothing in this section 
supersedes any law governing the disclosure of classified 
information or safeguards information.''.
    (b) Fingerprinting for Criminal History Record Checks.--
Section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) 
is amended--
            (1) in subsection a.--
                    (A) by striking ``a. The Nuclear'' and all 
                that follows through ``section 147.'' and 
                inserting the following:
    a. In General.--
            (1) Requirements.--
                    (A) In general.--The Commission shall 
                require--
                            (i) each licensee, certificate 
                        holder, or applicant for a license or 
                        certificate to operate a utilization 
                        facility under section 103 or 104(b); 
                        and
                            (ii) each licensee or applicant for 
                        a license to possess or use radioactive 
                        material or other property subject to 
                        regulation by the Commission that the 
                        Commission determines to be of such 
                        significance to the public health and 
                        safety or the common defense and 
                        security as to warrant fingerprinting 
                        and background checks;
        to fingerprint each individual described in 
        subparagraph (B).
                    (B) Individuals required to be 
                fingerprinted.--The Commission shall require to 
                be fingerprinted each individual who--
                            (i) is permitted unescorted access 
                        to--
                                    (I) a utilization facility; 
                                or
                                    (II) radioactive material 
                                or other property identified by 
                                the Commission under 
                                subparagraph (A)(ii); or
                            (ii) is permitted access to 
                        safeguards information under section 
                        147.'';
                    (B) by striking ``All fingerprints'' and 
                inserting the following:
            (2) Submission to the attorney general.--All 
        fingerprints'';
                    (C) by striking ``The costs'' and inserting 
                the following;
            (3) Costs.--The costs'';
                    (D) by striking ``Notwithstanding'' and 
                inserting the following:
            (4) Provision to licensee, certificate holder, or 
        applicant.--Notwithstanding''; and
                    (E) by striking ``licensee or applicant'' 
                each place it appears and inserting ``licensee, 
                certificate holder, or applicant for a license 
                or certificate'';
            (2) by redesignating subsection d. as subsection 
        e.; and
            (3) by inserting after subsection c. the following:
    d. Use of Other Biometric Methods.--Any requirement for a 
person to conduct fingerprinting under this section may be 
satisfied by using any other biometric method for 
identification approved for use by the Attorney General.

SEC. 170D. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

    (a) Definitions.--In this section:
            (1) Sensitive radioactive material.--
                    (A) In general.--The term `sensitive 
                radioactive material' means--
                            (i) a material--
                                    (I) that is a source 
                                material, by-product material, 
                                or special nuclear material; or
                                    (II) that is any other 
                                radioactive material 
                                (regardless of whether the 
                                material is or has been 
                                licensed or otherwise regulated 
                                under this Act) produced or 
                                made radioactive before or 
                                after the date of enactment of 
                                this section; and
                            (ii) that is in such a form or 
                        quantity or concentration that the 
                        Commission determines should be 
                        classified as `sensitive radioactive 
                        material' that warrants improved 
                        security and protection against loss, 
                        theft, or sabotage.
                    (B) Exclusion.--The term `sensitive 
                radioactive material' does not include nuclear 
                fuel or spent nuclear fuel.
            (2) Security threat.--The term `security threat' 
        means--
                    (A) a threat of sabotage or theft of 
                sensitive radioactive material;
                    (B) a threat of use of sensitive 
                radioactive material in a radiological 
                dispersal device; and
                    (C) any other threat of terrorist or other 
                criminal activity involving sensitive 
                radioactive material that could harm the health 
                or safety of the public due primarily to 
                radiological properties of the sensitive 
                radioactive material, as determined by the 
                Commission.
    (b) Duties.--
            (1) In general.--The Commission, in consultation 
        with Secretary of Homeland Security, Secretary of 
        Energy, Director of Central Intelligence, Director of 
        the Federal Bureau of Investigation, Director of the 
        Customs Service, and Administrator of the Environmental 
        Protection Agency, shall--
                    (A) evaluate the security of sensitive 
                radioactive material against security threats; 
                and
                    (B) recommend administrative and 
                legislative actions to be taken to provide an 
                acceptable level of security against security 
                threats.
            (2) Considerations.--In carrying out paragraph (1), 
        the Commission shall consider actions, as appropriate 
        to--
                    (A) determine the radioactive materials 
                that should be classified as sensitive 
                radioactive materials;
                    (B) develop a classification system for 
                sensitive radioactive materials that--
                            (i) is based on the potential for 
                        use by terrorists of sensitive 
                        radioactive material and the extent of 
                        the threat to public health and safety 
                        posed by that potential; and
                            (ii) takes into account--
                                    (I) radioactivity levels of 
                                sensitive radioactive material;
                                    (II) the dispersibility of 
                                sensitive radioactive material;
                                    (III) the chemical and 
                                material form of sensitive 
                                radioactive material;
                                    (IV) the need to maintain 
                                access by physicians and other 
                                medical professionals to 
                                sensitive radioactive material 
                                and pharmaceuticals containing 
                                sensitive radioactive material 
                                for use in connection with 
                                medical diagnosis or treatment; 
                                and
                                    (V) other appropriate 
                                factors;
                    (C) develop a national system for recovery 
                of sensitive radioactive material that is lost 
                or stolen, taking into account the 
                classification system established under 
                subparagraph (B);
                    (D) provide for the storage of sensitive 
                radioactive material that is not currently in 
                use in a safe and secure manner;
                    (E) develop a national tracking system for 
                sensitive radioactive material, taking into 
                account the classification system established 
                under subparagraph (B);
                    (F) develop methods to ensure the return or 
                proper disposal of sensitive radioactive 
                material;
                    (G) consider export controls on sensitive 
                radioactive materials so that, to the extent 
                feasible, exports from the United States of 
                sensitive radioactive materials are made to 
                foreign recipients that are willing and able to 
                control the sensitive radioactive materials in 
                a manner that is inimical to the common defense 
                and security of the United States; and
                    (H) establish procedures to improve the 
                security of sensitive radioactive material in 
                use, transportation, and storage.
            (3) Procedures to improve security.--The procedures 
        to improve the security of sensitive radioactive 
        material under paragraph (2)(H) may include--
                    (A) periodic audits or inspections by the 
                Commission to ensure that sensitive radioactive 
                material is properly secured and can be fully 
                accounted for;
                    (B) evaluation by the Commission of 
                security measures taken by persons that possess 
                sensitive radioactive material;
                    (C) imposition of increased fines for 
                violations of regulations relating to security 
                and safety measures applicable to persons that 
                possess sensitive radioactive material;
                    (D) conduct of background checks on 
                individuals with access to sensitive 
                radioactive material;
                    (E) measures to ensure the physical 
                security of facilities in which sensitive 
                radioactive material is stored; and
                    (F) screening of shipments of sensitive 
                radioactive material to facilities that are 
                particularly at risk for sabotage to ensure 
                that the shipments do not contain explosives.
    (c) Report.--Not later than 1 year after the date of 
enactment of this section, and not less frequently than once 
every 3 years thereafter, the Commission shall submit to the 
President and Congress a report in unclassified form (with a 
classified annex, if necessary) describing the administrative 
and legislative actions recommended under subsection (b)(1).
    (d) Administrative Action.--Not later than 60 days after 
the date of submission of the report under subsection (c), the 
Commission shall take such actions as are appropriate to--
            (1) revise the system for licensing sensitive 
        radioactive materials; and
            (2) delegate the authority of the Commission to 
        implement regulatory programs and requirements to 
        States that enter into agreements with the Commission 
        to perform inspections and other functions on a 
        cooperative basis as the Commission considers 
        appropriate.

           *       *       *       *       *       *       *

    Sec. 274. Cooperation With States.--
    a. It is the purpose of this section--
            (1) to recognize the interests of the States in the 
        peaceful uses of atomic energy, and to clarify the 
        respective responsibilities under this Act of the 
        States and the Commission with respect to the 
        regulation of byproduct, source, and special nuclear 
        materials;
            (2) to recognize the need, and establish programs 
        for, cooperation between the States and the Commission 
        with respect to control of radiation hazards associated 
        with use of such materials;
            (3) to promote an orderly regulatory pattern 
        between the Commission and State governments with 
        respect to nuclear development and use and regulation 
        of byproduct, source, and special nuclear materials;
            (4) to establish procedures and criteria for 
        discontinuance of certain of the Commission's 
        regulatory responsibilities with respect to byproduct, 
        source, and special nuclear materials, and the 
        assumption thereof by the States;
            (5) to provide for coordination of the development 
        of radiation standards for the guidance of Federal 
        agencies and cooperation with the States; and
            (6) to recognize that, as the States improve their 
        capabilities to regulate effectively such materials, 
        additional legislation may be desirable.
    b. Except as provided in subsection c., the Commission is 
authorized to enter into agreements with the Governor of any 
State providing for discontinuance of the regulatory authority 
of the Commission under chapters 6, 7, and 8, and section 161 
of this Act, with respect to any one or more of the following 
materials within the State--
            (1) byproduct materials as defined in section 11 e. 
        (1);
            (2) byproduct materials as defined in section 11 e. 
        (2);
            (3) byproduct materials (as defined in section 11e. 
        (3));
            (4) byproduct materials (as defined in section 11e. 
        (4));
            [(3)] (5) source materials;
            [(4)] (6)special nuclear materials in quantities 
        not sufficient to form a critical mass.
During the duration of such an agreement it is recognized that 
the State shall have authority to regulate the materials 
covered by the agreement for the protection of the public 
health and safety from radiation hazards.
    c. No agreement entered into pursuant to subsection b. 
shall provide for discontinuance of any authority and the 
Commission shall retain authority and responsibility with 
respect to regulation of--
            (1) the construction and operation of any 
        production or utilization facility or any uranium 
        enrichment facility;
            (2) the export from or import into the United 
        States of byproduct, source, or special nuclear 
        material, or of any production or utilization facility;
            (3) the disposal into the ocean or sea of 
        byproduct, source, or special nuclear waste materials 
        as defined in regulations or orders of the Commission;
            (4) the disposal of such other byproduct, source, 
        or special nuclear material as the Commission 
        determines by regulation or order should, because of 
        the hazards or potential hazards thereof, not be so 
        disposed of without a license from the Commission.
The Commission shall also retain authority under any such 
agreement to make a determination that all applicable standards 
and requirements have been met prior to termination of a 
license for byproduct material, as defined in section 11 e. 
(2). Notwithstanding any agreement between the Commission and 
any State pursuant to subsection b., the Commission is 
authorized by rule, regulation, or order to require that the 
manufacturer, processor, or producer of any equipment, device, 
commodity, or other product containing source, byproduct, or 
special nuclear material shall not transfer possession or 
control of such product except pursuant to a license issued by 
the Commission.
    d. The Commission shall enter into an agreement under 
subsection b. of this section with any State if--
            (1) The Governor of that State certifies that the 
        State has a program for the control of radiation 
        hazards adequate to protect the public health and 
        safety with respect to the materials within the State 
        covered by the proposed agreement, and that the State 
        desires to assume regulatory responsibility for such 
        materials; and
            (2) the Commission finds that the State program is 
        in accordance with the requirements of subsection o. 
        and in all other respects compatible with the 
        Commission's program for the regulation of such 
        materials, and that the State program is adequate to 
        protect the public health and safety with respect to 
        the materials covered by the proposed agreement.
    e. (1) Before any agreement under subsection b. is signed 
by the Commission, the terms of the proposed agreement and of 
proposed exemptions pursuant to subsection f. shall be 
published once each week for four consecutive weeks in the 
Federal Register; and such opportunity for comment by 
interested persons on the proposed agreement and exemptions 
shall be allowed as the Commission determines by regulation or 
order to be appropriate.
    (2) Each proposed agreement shall include the proposed 
effective date of such proposed agreement or exemptions. The 
agreement and exemptions shall be published in the Federal 
Register within thirty days after signature by the Commission 
and the Governor.
    f. The Commission is authorized and directed, by regulation 
or order, to grant such exemptions from the licensing 
requirements contained in chapters 6, 7, and 8, and from its 
regulations applicable to licensees as the Commission finds 
necessary or appropriate to carry out any agreement entered 
into pursuant to subsection b. of this section.
    g. The Commission is authorized and directed to cooperate 
with the States in the formulation of standards for protection 
against hazards of radiation to assure that State and 
Commission programs for protection against hazards of radiation 
will be coordinated and compatible.
    h. There is hereby established a Federal Radiation Council, 
consisting of the Secretary of Health, Education, and Welfare, 
the Chairman of the Atomic Energy Commission, the Secretary of 
Defense, the Secretary of Commerce, the Secretary of Labor, or 
their designees, and such other members as shall be appointed 
by the President. The Council shall consult qualified 
scientists and experts in radiation matters, including the 
President of the National Academy of Sciences, the Chairman of 
the National Committee on Radiation Protection and Measurement, 
and qualified experts in the field of biology and medicine and 
in the field of health physics. The Special Assistant to the 
President for Science and Technology, or his designee, is 
authorized to attend meetings, participate in the deliberations 
of, and to advise the Council. The Chairman of the Council 
shall be designated by the President, from time to time, from 
among the members of the Council. The Council shall advise the 
President with respect to radiation matters, directly or 
indirectly affecting health, including guidance for all Federal 
agencies in the formulation of radiation standards and in the 
establishment and execution of programs of cooperation with 
States. The Council shall also perform such other functions as 
the President may assign to it by Executive order.
    i. The Commission in carrying out its licensing and 
regulatory responsibilities under this Act is authorized to 
enter into agreements with any State, or group of States, to 
perform inspections or other functions on a cooperative basis 
as the Commission deems appropriate. The Commission is also 
authorized to provide training, with or without charge, to 
employees of, and such other assistance to, any State or 
political subdivision thereof or group of States as the 
Commission deems appropriate. Any such provision or assistance 
by the Commission shall take into account the additional 
expenses that may be incurred by a State as a consequence of 
the State's entering into an agreement with the Commission 
pursuant to subsection b.
    j. (1) The Commission, upon its own initiative after 
reasonable notice and opportunity for hearing to the State with 
which an agreement under subsection b. has become effective, or 
upon request of the Governor of such State, may terminate or 
suspend all or part of its agreement with the State and 
reassert the licensing and regulatory authority vested in it 
under this Act, if the Commission finds that (1) such 
termination or suspension is required to protect the public 
health and safety, or (2) the State has not complied with one 
or more of the requirements of this section. The Commission 
shall periodically review such agreements and actions taken by 
the States under the agreements to ensure compliance with the 
provisions of this section.
    (2) The Commission, upon its own motion or upon request of 
the Governor of any State, may, after notifying the Governor, 
temporarily suspend all or part of its agreement with the State 
without notice or hearing if, in the judgment of the 
Commission:
            (A) an emergency situation exists with respect to 
        any material covered by such an agreement creating 
        danger which requires immediate action to protect the 
        health or safety of persons either within or outside 
        the State, and
            (B) the State has failed to take steps necessary to 
        contain or eliminate the cause of the danger within a 
        reasonable time after the situation arose.
A temporary suspension under this paragraph shall remain in 
effect only for such time as the emergency situation exists and 
shall authorize the Commission to exercise its authority only 
to the extent necessary to contain or eliminate the danger.
    k. Nothing in this section shall be construed to affect the 
authority of any State or local agency to regulate activities 
for purposes other than protection against radiation hazards.
    l. With respect to each application for Commission license 
authorizing an activity as to which the Commission's authority 
is continued pursuant to subsection c., the Commission shall 
give prompt notice to the State or States in which the activity 
will be conducted of the filing of the license application; and 
shall afford reasonable opportunity for State representatives 
to offer evidence, interrogate witnesses, and advise the 
Commission as to the application without requiring such 
representatives to take a position for or against the granting 
of the application.
    m. No agreement entered into under subsection b., and no 
exemption granted pursuant to subsection f., shall affect the 
authority of the Commission under subsection 161 b. or i. to 
issue rules, regulations, or orders to protect the common 
defense and security, to protect restricted data or to guard 
against the loss or diversion of special nuclear material. For 
purposes of subsection 161 i., activities covered by exemptions 
granted pursuant to subsection f. shall be deemed to constitute 
activities authorized pursuant to this Act; and special nuclear 
material acquired by any person pursuant to such an exemption 
shall be deemed to have been acquired pursuant to section 53.
    n. As used in this section, the term ``State'' means any 
State, Territory, or possession of the United States, the Canal 
Zone, Puerto Rico, and the District of Columbia. As used in 
this section, the term ``agreement'' includes any amendment to 
any agreement.
    o. In the licensing and regulation of byproduct material, 
as defined in section 11 e. (2) of this Act, or of any activity 
which results in the production of byproduct material as so 
defined under an agreement entered into pursuant to subsection 
b., a State shall require--
            (1) compliance with the requirements of subsection 
        b. of section 83 (respecting ownership of byproduct 
        material and land) and
            (2) compliance with standards which shall be 
        adopted by the State for the protection of the public 
        health, safety, and the environment from hazards 
        associated with such material which are equivalent, to 
        the extent practicable, or more stringent than, 
        standards adopted and enforced by the Commission for 
        the same purpose, including requirements and standards 
        promulgated by the Commission and the Administrator of 
        the Environmental Protection Agency pursuant to 
        sections 83, 84, and 275, and
            (3) procedures which--
                    (A) in the case of licenses, provide 
                procedures under State law which include--
                            (i) an opportunity, after public 
                        notice, for written comments and a 
                        public hearing, with a transcript,
                            (ii) an opportunity for cross 
                        examination, and
                            (iii) a written determination which 
                        is based upon findings included in such 
                        determination and upon the evidence 
                        presented during the public comment 
                        period and which is subject to judicial 
                        review;
                    (B) in the case of rulemaking, provide an 
                opportunity for public participation through 
                written comments or a public hearing and 
                provide for judicial review of the rule;
                    (C) require for each license which has a 
                significant impact on the human environment a 
                written analysis (which shall be available to 
                the public before the commencement of any such 
                proceedings) of the impact of such license, 
                including any activities conducted pursuant 
                thereto, on the environment, which analysis 
                shall include--
                            (i) an assessment on the 
                        radiological and nonradiological 
                        impacts to the public health of the 
                        activities to be conducted pursuant to 
                        such license;
                            (ii) an assessment of any impact on 
                        any waterway and ground water resulting 
                        from such activities;
                            (iii) consideration of 
                        alternatives, including alternative 
                        sites and engineering methods, to the 
                        activities to be conducted pursuant to 
                        such license; and
                            (iv) consideration of the long-term 
                        impacts, including decommissioning, 
                        decontamination, and reclamation 
                        impacts, associated with activities to 
                        be conducted pursuant to such license, 
                        including the management of any 
                        byproduct material, as defined by 
                        section 11 e. (2); and
                    (D) prohibit any major construction 
                activity with respect to such material prior to 
                complying with the provisions of subparagraph 
                (C).
If any State under such agreement imposes upon any licensee any 
requirement for the payment of funds to such State for the 
reclamation or long-term maintenance and monitoring of such 
material, and if transfer to the United States of such material 
is required in accordance with section 83 b. of this Act, such 
agreement shall be amended by the Commission to provide that 
such State shall transfer to the United States upon termination 
of the license issued to such licensee the total amount 
collected by such State from such licensee for such purpose. If 
such payments are required, they must be sufficient to ensure 
compliance with the standards established by the Commission 
pursuant to section 161 x. of this Act. No State shall be 
required under paragraph (3) to conduct proceedings concerning 
any license or regulation which would duplicate proceedings 
conducted by the Commission. In adopting requirements pursuant 
to paragraph (2) of this subsection with respect to sites at 
which ores are processed primarily for their source material 
content or which are used for the disposal of byproduct 
material as defined in section 11 e. (2), the State may adopt 
alternatives (including, where appropriate, site-specific 
alternatives) to the requirements adopted and enforced by the 
Commission for the same purpose if, after notice and 
opportunity for public hearing the Commission determines that 
such alternatives will achieve a level of stabilization and 
containment of the sites concerned, and a level of protection 
for public health, safety, and the environment from 
radiological and nonradiological hazards associated with such 
sites, which is equivalent to, to the extent practicable, or 
more stringent than the level which would be achieved by 
standards and requirements adopted and enforced by the 
Commission for the same purpose and any final standards 
promulgated by the Administrator of the Environmental 
Protection Agency in accordance with section 275. Such 
alternative State requirements may take into account local or 
regional conditions, including geology, topography, hydrology 
and meteorology.

           *       *       *       *       *       *       *

Sec. 229. Trespass Upon Commission Installations.--
    a. The Commission is authorized to issue regulations 
relating to the entry upon or carrying, transporting, or 
otherwise introducing or causing to be introduced any dangerous 
weapons, explosive, or other dangerous instrument or material 
likely to produce substantial injury or damage to persons or 
property, into or upon any facility, installation, or real 
property subject to the jurisdiction, administration, or in the 
custody of the Commission. Every such regulation of the 
Commission shall be posted conspicuously at the location 
involved or subject to the licensing authority of the 
Commission or to certification by the Commission under this Act 
or any other Act.
    b. Whoever shall willfully violate any regulation of the 
Commission issued pursuant to subsection a. shall, upon 
conviction thereof, be punishable by a fine of not more than 
$1,000.
    c. Whoever shall willfully violate any regulation of the 
Commission issued pursuant to subsection a. with respect to any 
installation or other property which is enclosed by a fence, 
wall, floor, roof, or other structural barrier shall be guilty 
of a misdemeanor and upon conviction thereof shall be punished 
by a fine of not to exceed $5,000 or to imprisonment for not 
more than one year, or both.

           *       *       *       *       *       *       *

Sec. 236. Sabotage of Nuclear Facilities or Fuel.--
    a. Any person who intentionally and willfully destroys or 
causes physical damage to, or [who intentionally and willfully 
attempts] or who attempts or conspires to destroy or cause 
physical damage to--
            (1) any production facility or utilization facility 
        licensed under this Act;
            (2) any nuclear waste [storage facility] storage, 
        treatment, or disposal facility licensed under this 
        Act;
            (3) any nuclear fuel for [such a utilization 
        facility] a utilization facility licensed under this 
        Act, or any spent nuclear fuel from such a facility; 
        [or]
            (4) any uranium enrichment [facility licensed] 
        uranium conversion or nuclear fuel fabrication facility 
        licensed or certified by the Nuclear Regulatory 
        Commission[.]; or
            (5) any production, utilization, waste storage, 
        waste treatment, waste disposal, uranium enrichment, or 
        nuclear fuel fabrication facility subject to licensing 
        or certification under this Act during construction of 
        the facility, if the destruction or damage caused or 
        attempted to be caused could adversely affect public 
        health and safety during the operation of the facility;
            (6) any primary facility or backup facility from 
        which a radiological emergency preparedness alert and 
        warning system is activated; or
            (7) any radioactive material or other property 
        subject to regulation by the Nuclear Regulatory 
        Commission that, before the date of the offense, the 
        Nuclear Regulatory Commission determines, by order or 
        regulation published in the Federal Register, is of 
        significance to the public health and safety or to 
        common defense and security;
shall be fined not more than $10,000 or imprisoned for not more 
than ten years, or both.
    b. Any person who intentionally and willfully causes or 
attempts to cause an interruption of normal operation of any 
such facility through the unauthorized use of or tampering with 
the machinery, components, or controls of any such facility, 
shall be fined not more than $10,000 or imprisoned for not more 
than ten years, or both.
                              ----------                              

                    [public law 93-438, as amended]

                   ENERGY REORGANIZATION ACT OF 1974

          * * * * * * *
                Title II--Nuclear Regulatory Commission
    Sec. 201. (a) * * *
          * * * * * * *
                      office of reactor regulation
    Sec. 203. (a) There is hereby established in the Commission 
an Office of Nuclear Reactor Regulation under the direction of 
a Director of Nuclear Reactor Regulation, who shall be 
appointed by the Commission, who may report directly to the 
Commission, as provided in section 209, and who shall serve at 
the pleasure of and be removable by the Commission.
    (b) Subject to the provisions of this Act, the Director of 
Nuclear Reactor Regulation shall perform such functions as the 
Commission shall delegate including:
            (1) Principal [licensing and regulation] licensing, 
        regulation, and, except as otherwise provided under 
        section 212, carrying out safety reviews, safeguards, 
        and physical security of involving all facilities and 
        materials licensed under the Atomic Energy Act of 1954, 
        as amended, associated with the construction and 
        operation of nuclear reactors licensed under the 
        authority of the Atomic Energy Act of 1954, as amended;
            (2) Review the safety [and safeguards] of all such 
        facilities, materials, and activities, and such review 
        functions shall include but not be limited to--
          * * * * * * *
            office of nuclear material safety and safeguards
    Sec. 204. (a) There is hereby established in the Commission 
an Office of Nuclear Material Safety and Safeguards under the 
direction of a Director of Nuclear Material Safety and 
Safeguards, who shall be appointed by the Commission, who may 
report directly to the Commission as provided in section 209, 
and who shall serve at the pleasure and be removed by the 
Commission.
            (1) Principal licensing and regulation involving 
        all facilities and materials, licensed under the Atomic 
        Energy Act of 1954, as amended, associated with the 
        processing, transport, and maintenance of safeguards 
        against threats, thefts, and sabotage of such licensed 
        facilities, and materials.
            (2) Review safety [and safeguards] of all such 
        facilities, and materials licensed under the Atomic 
        Energy Act of 1954[, as amended, and such review shall 
        include, but not be limited to--
                    [(A) monitoring, testing, and recommending 
                upgrading of internal accounting systems for 
                special nuclear and ohter nuclear materials 
                licensed under the Atomic Energy Act of 1954, 
                as amended;
                    [(B) developing, in consultation and 
                coordination with the Administration, 
                contingency plans for dealing with threats, 
                thefts, and sabotage relating to special 
                nuclear materials, high-level radioactive 
                wastes and nuclear facilities resulting from 
                all activities licensed under the Atomic Energy 
                Act of 1954, as amended;
                    [(C) assessing the need for, and the 
                feasibility of, establishing a security agency 
                within the office for the performance of the 
                safeguards functions, and a report with 
                recommendations on this matter shall be 
                prepared within one year of the effective date 
                of this Act and promptly transmitted to the 
                Congress by the Commission.] (42 U.S.C. 2011 et 
                seq.)
          * * * * * * *
    Sec. 211. Employee protection
    (a) Discrimination against employee
    (1) No employer may discharge any employee or otherwise 
discriminate against any employee with respect to his 
compensation, terms, conditions, or privileges of employment 
because the employee (or any person acting pursuant to a 
request of the employee)--
        (A) notified his employer of an alleged violation of 
        this chapter or the Atomic Energy Act of 1954(42 U.S.C. 
        2011 et seq.);
        (B) refused to engage in any practice made unlawful by 
        this chapter or the Atomic Energy Act of 1954, if the 
        employee has identified the alleged illegality to the 
        employer;
        (C) testified before Congress or at any Federal or 
        State proceeding regarding any provision(or proposed 
        provision) of this chapter or the Atomic Energy Act of 
        1954;
        (D) commenced, caused to be commenced, or is about to 
        commence or cause to be commenced a proceeding under 
        this chapter or the Atomic Energy Act of 1954, as 
        amended, or a proceeding for the administration or 
        enforcement of any requirement imposed under this 
        chapter or the Atomic Energy Act of 1954, as amended;
        (E) testified or is about to testify in any such 
        proceeding or;
        (F) assisted or participated or is about to assist or 
        participate in any manner in such a proceeding or in 
        any other manner in such a proceeding or in any other 
        action to carry out the purposes of this chapter or the 
        Atomic Energy Act of 1954, as amended.
    (2) For purposes of this section, the term ``employer'' 
includes--
        (A) a licensee of the Commission or of an agreement 
        State under section 274 of the Atomic Energy Act of 
        1954(42 U.S.C. 2021);
        (B) an applicant for a license from the Commission or 
        such an agreement State;
        (C) a contractor or subcontractor of such a licensee or 
        applicant; [and]
        (D) a contractor or subcontractor of the Department of 
        Energy that is indemnified by the Department under 
        section 170 d. of the Atomic Energy Act of 1954(42 
        U.S.C. 2210(d)), but such term shall not include any 
        contractor or subcontractor covered by Executive Order 
        No. 12344[.]; and
        (E) a contractor or subcontractor of the Commission.
    (b) Complaint, filing and notification
    (1) Any employee who believes that he has been discharged 
or otherwise discriminated against by any person in violation 
of subsection(a) of this section may, within 180 days after 
such violation occurs, file(or have any person file on his 
behalf) a complaint with the Secretary of Labor(in this section 
referred to as the ``Secretary'') alleging such discharge or 
discrimination. Upon receipt of such a complaint, the Secretary 
shall notify the person named in the complaint of the filing of 
the complaint, the Commission, and the Department of Energy.
    (2)(A) Upon receipt of a complaint filed under 
paragraph(1), the Secretary shall conduct an investigation of 
the violation alleged in the complaint. Within thirty days of 
the receipt of such complaint, the Secretary shall complete 
such investigation and shall notify in writing the 
complainant(and any person acting in his behalf) and the person 
alleged to have committed such violation of the results of the 
investigation conducted pursuant to this subparagraph. Within 
ninety days of the receipt of such complaint the Secretary 
shall, unless the proceeding on the complaint is terminated by 
the Secretary on the basis of a settlement entered into by the 
Secretary and the person alleged to have committed such 
violation, issue an order either providing the relief 
prescribed by subparagraph(B) or denying the complaint. An 
order of the Secretary shall be made on the record after notice 
and opportunity for public hearing. Upon the conclusion of such 
hearing and the issuance of a recommended decision that the 
complaint has merit, the Secretary shall issue a preliminary 
order providing the relief prescribed in subparagraph(B), but 
may not order compensatory damages pending a final order. The 
Secretary may not enter into a settlement terminating a 
proceeding on a complaint without the participation and consent 
of the complainant.
        (B) If, in response to a complaint filed under 
        paragraph(1), the Secretary determines that a violation 
        of subsection(a) of this section has occurred, the 
        Secretary shall order the person who committed such 
        violation to(i) take affirmative action to abate the 
        violation, and(ii) reinstate the complainant to his 
        former position together with the 
        compensation(including back pay), terms, conditions, 
        and privileges of his employment, and the Secretary may 
        order such person to provide compensatory damages to 
        the complainant. If an order is issued under this 
        paragraph, the Secretary, at the request of the 
        complainant shall assess against the person against 
        whom the order is issued a sum equal to the aggregate 
        amount of all costs and expenses(including attorneys' 
        and expert witness fees) reasonably incurred, as 
        determined by the Secretary, by the complainant for, or 
        in connection with, the bringing of the complaint upon 
        which the order was issued.
    (3)(A) The Secretary shall dismiss a complaint filed under 
paragraph(1), and shall not conduct the investigation required 
under paragraph(2), unless the complainant has made a prima 
facie showing that any behavior described in subparagraphs(A) 
through (F) of subsection(a)(1) of this section was a 
contributing factor in the unfavorable personnel action alleged 
in the complaint.
        (B) Notwithstanding a finding by the Secretary that the 
        complainant has made the showing required by 
        subparagraph(A), no investigation required under 
        paragraph(2) shall be conducted if the employer 
        demonstrates, by clear and convincing evidence, that it 
        would have taken the same unfavorable personnel action 
        in the absence of such behavior.
        (C) The Secretary may determine that a violation of 
        subsection(a) of this section has occurred only if the 
        complainant has demonstrated that any behavior 
        described in subparagraphs(A) through(F) of 
        subsection(a)(1) of this section was a contributing 
        factor in the unfavorable personnel action alleged in 
        the complaint.
        (D) Relief may not be ordered under paragraph(2) if the 
        employer demonstrates by clear and convincing evidence 
        that it would have taken the same unfavorable personnel 
        action in the absence of such behavior.
    (c) Review
    (1) Any person adversely affected or aggrieved by an order 
issued under subsection(b) of this section may obtain review of 
the order in the United States court of appeals for the circuit 
in which the violation, with respect to which the order was 
issued, allegedly occurred. The petition for review must be 
filed within sixty days from the issuance of the Secretary's 
order. Review shall conform to chapter 7 of title 5. The 
commencement of proceedings under this subparagraph shall not, 
unless ordered by the court, operate as a stay of the 
Secretary's order.
    (2) An order of the Secretary with respect to which review 
could have been obtained under paragraph(1) shall not be 
subject to judicial review in any criminal or other civil 
proceeding.
    (d) Jurisdiction
    Whenever a person has failed to comply with an order issued 
under subsection(b)(2) of this section, the Secretary may file 
a civil action in the United States district court for the 
district in which the violation was found to occur to enforce 
such order. In actions brought under this subsection, the 
district courts shall have jurisdiction to grant all 
appropriate relief including, but not limited to, injunctive 
relief, compensatory, and exemplary damages.
    (e) Commencement of action
    (1) Any person on whose behalf an order was issued under 
paragraph(2) of subsection(b) of this section may commence a 
civil action against the person to whom such order was issued 
to require compliance with such order. The appropriate United 
States district court shall have jurisdiction, without regard 
to the amount in controversy or the citizenship of the parties, 
to enforce such order.
    (2) The court, in issuing any final order under this 
subsection, may award costs of litigation(including reasonable 
attorney and expert witness fees) to any party whenever the 
court determines such award is appropriate.
    (f) Enforcement
    Any nondiscretionary duty imposed by this section shall be 
enforceable in a mandamus proceeding brought under section 1361 
of title 28.
    (g) Deliberate violations
    Subsection(a) of this section shall not apply with respect 
to any employee who, acting without direction from his or her 
employer (or the employer's agent), deliberately causes a 
violation of any requirement of this chapter or of the Atomic 
Energy Act of 1954, as amended(42 U.S.C. 2011 et seq.).
    (h) Nonpreemption
    This section may not be construed to expand, diminish, or 
otherwise affect any right otherwise available to an employee 
under Federal or State law to redress the employee's discharge 
or other discriminatory action taken by the employer against 
the employee.
    (i) Posting requirement
    The provisions of this section shall be prominently posted 
in any place of employment to which this section applies.
    (j) Investigation of allegations
    (1) The Commission or the Department of Energy shall not 
delay taking appropriate action with respect to an allegation 
of a substantial safety hazard on the basis of--
        (A) the filing of a complaint under subsection(b)(1) of 
        this section arising from such allegation; or
        (B) any investigation by the Secretary, or other 
        action, under this section in response to such 
        complaint.
    (2) A determination by the Secretary under this section 
that a violation of subsection(a) of this section has not 
occurred shall not be considered by the Commission or the 
Department of Energy in its determination of whether a 
substantial safety hazard exists.
          * * * * * * *

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

    (a) Definitions.--In this section:
            (1) Certificate holder.--The term ``certificate 
        holder'' has the meaning given the term in section 
        170C(a) of the Atomic Energy Act of 1954.
            (2) Designated nuclear facility.--The term 
        ``designated nuclear facility'' has the meaning given 
        the term in section 11 of the Atomic Energy Act of 1954 
        (42 U.S.C. 2014).
            (3) Director.--The term ``Director'' means the 
        Director of Nuclear Security and Incident Response 
        appointed under subsection (c) to head the Office.
            (4) Licensee.--The term ``licensee'' has the 
        meaning given the term in section 170C(a) of the Atomic 
        Energy Act of 1954.
            (5) Office.--The term ``Office'' means the Office 
        of Nuclear Security and Incident Response established 
        by subsection (b).
    (b) Establishment of Office.--There is established in the 
Commission the Office of Nuclear Security and Incident 
Response.
    (c) Director.--
            (1) Appointment.--The Commission may appoint and 
        remove from office a Director of Nuclear Security and 
        Incident Response.
            (2) Duties.--
                    (A) In general.--The Director shall perform 
                such functions as the Commission delegates to 
                the Director.
                    (B) Functions.--The functions delegated to 
                the Director may include--
                            (i) carrying out security, 
                        safeguards, and incident responses 
                        relating to--
                                    (I) any facility subject to 
                                the jurisdiction of the 
                                Commission under the Atomic 
                                Energy Act of 1954 (42 U.S.C. 
                                2011 et seq.);
                                    (II) any property subject 
                                to the jurisdiction of the 
                                Commission under the Atomic 
                                Energy Act of 1954 (42 U.S.C. 
                                2011 et seq.) that--
                                            (aa) is significant 
                                        to the common defense 
                                        and security; or
                                            (bb) is being 
                                        transported to or from 
                                        a facility described in 
                                        clause (i); and
                                    (III) any other activity of 
                                a licensee or certificate 
                                holder, subject to the 
                                requirements of the Atomic 
                                Energy Act of 1954 (42 U.S.C. 
                                2011 et seq.), that is 
                                significant to the common 
                                defense and security;
                            (ii) for a facility or material 
                        licensed or certified under the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2011 et 
                        seq.)--
                                    (I) developing contingency 
                                plans for dealing with threats, 
                                thefts, and sabotage; and
                                    (II) monitoring, reviewing, 
                                and evaluating security and 
                                safeguards;
                            (iii) recommending upgrades to 
                        internal accounting systems for special 
                        nuclear and other materials licensed or 
                        certified under the Atomic Energy Act 
                        of 1954 (42 U.S.C. 2011 et seq.); and
                            (iv) developing and recommending 
                        standards and amendments to the 
                        standards of the Commission relating to 
                        the duties described in clauses (i) 
                        through (iii); and
                    (E) carrying out such other duties of the 
                Commission regarding safeguards and physical 
                security functions and incident response 
                functions as the Commission determines to be 
                appropriate.
            (3) Consultation.--In carrying out the duties under 
        paragraph (2), the Director shall, to the extent 
        practicable, consult and coordinate with other Federal 
        agencies.
    (d) Security Response Evaluations.--
            (1) In general.--Not later than 1 year after the 
        date of enactment of this section, the Commission shall 
        establish a security response evaluation program to 
        assess the ability of each designated nuclear facility 
        that is part of a class of designated nuclear 
        facilities that the Commission considers appropriate to 
        defend against threats in accordance with the security 
        plan for the designated nuclear facility.
            (2) Frequency of evaluations.--Not less than once 
        every 3 years, the Commission shall conduct and 
        document security response evaluations at each 
        designated nuclear facility that is part of a class of 
        designated nuclear facilities that the Commission 
        considers appropriate to assess the ability of the 
        private security force of the designated nuclear 
        facility to defend against applicable design basis 
        threats.
            (3) Security exemption.--The Commission may suspend 
        activities under this section if the Commission 
        determines that the security response evaluations would 
        compromise security at any designated nuclear facility 
        in accordance with a heightened threat level.
            (4) Activities.--The security response evaluation 
        shall include force-on-force exercises that simulate 
        the security threats consistent with the design basis 
        threats applicable to the designated nuclear facility.
            (5) Performance criteria.--The Commission shall 
        establish performance criteria for judging the security 
        response evaluations.
            (6) Corrective action.--
                    (A) In general.--When any of the 
                performance criteria established under 
                paragraph (5) are not satisfied--
                            (i) the licensee or certificate 
                        holder shall promptly correct any 
                        defects in performance identified by 
                        the Commission in the security response 
                        evaluation; and
                            (ii) the Commission shall conduct 
                        an additional security response 
                        evaluation within 9 months to confirm 
                        that the licensee or certificate holder 
                        satisfies the performance criteria 
                        established under paragraph (5).
                    (B) 2 consecutive failures to satisfy 
                performance criteria.--
                            (i) In general.--If a designated 
                        nuclear facility fails to satisfy the 
                        performance criteria established under 
                        paragraph (5) in 2 consecutive security 
                        response evaluations, the Commission 
                        shall issue an order specifying the 
                        corrective actions that must be taken 
                        by the licensee or certificate holder 
                        of the designated nuclear facility.
                            (ii) Failure to take corrective 
                        action.--If the licensee or certificate 
                        holder of a designated nuclear facility 
                        does not take the corrective action 
                        specified by the Commission within 30 
                        days after the date of issuance of an 
                        order under clause (i), the Commission 
                        shall assess a civil penalty under 
                        section 234 of the Atomic Energy Act of 
                        1954 (42 U.S.C. 2282).
                    (C) Effect.--Nothing in this paragraph 
                limits any enforcement authority of the 
                Commission to take action in response to 
                deficiencies identified through security 
                evaluations.
            (7) Reports.--Not less often than once every year, 
        the Commission shall submit to Congress and the 
        President a report, in classified form and unclassified 
        form, that describes the results of each security 
        response evaluation under this paragraph for the 
        previous year.
    (e) Emergency Response Exercises.--
            (1) In general.--Not less than once every 2 years, 
        the Commission, in coordination with the Secretary of 
        Homeland Security and, as appropriate, in consultation 
        with other Federal, State, and local response agencies 
        and stakeholders, shall observe and evaluate emergency 
        response exercises to determine whether--
                    (A) on-site and off-site emergency response 
                plans for, and capabilities for response to an 
                emergency involving, each designated nuclear 
                facility in such classes of designated nuclear 
                facility as the Commission determines to be 
                appropriate are adequate to protect public 
                health and safety; and
                    (B) there is reasonable assurance that--
                            (i) those plans and capabilities 
                        can and will be implemented; and
                            (ii) adequate protective measures 
                        can and will be taken in the event of 
                        an emergency.
            (2) Assessment of ability to respond.--Exercises 
        under paragraph (1) shall assess the ability of 
        Federal, State, and local emergency response agencies 
        and emergency response personnel of a licensee or 
        certificate holder to respond adequately to an 
        emergency involving the designated nuclear facility.
            (3) High population density areas.--The Commission, 
        in coordination with the Secretary of Homeland Security 
        and, as appropriate, in consultation with other 
        Federal, State, and local agencies and stakeholders, 
        may observe and evaluate exercises more frequently at 
        designated nuclear facilities located in high 
        population density areas.
            (4) Performance-based approach.--The Commission, in 
        cooperation with the Secretary of Homeland Security, 
        shall promptly establish performance criteria for use 
        in evaluating the results of the exercises under 
        paragraph (1), including criteria relating to--
                    (A) response times and capabilities;
                    (B) coordination and communication among 
                response personnel and organizations;
                    (C) emergency equipment, public 
                notification systems, and communications 
                networks;
                    (D) feasible evacuation of individuals; and
                    (E) other matters determined by the 
                Commission or the Secretary of Homeland 
                Security.
            (5) Scenarios.--The evaluations under paragraph (1) 
        shall assess the ability of the emergency response 
        plans to protect public health and safety and provide 
        reasonable assurance that adequate protective measures 
        can and will be taken in responding to a broad range of 
        accident scenarios, including--
                    (A) fast-breaking events that occur with 
                little or no warning;
                    (B) radiological releases of significant 
                magnitude;
                    (C) significant spontaneous evacuations;
                    (D) significant shadow evacuations;
                    (E) terrorist attacks; and
                    (F) other scenarios determined by the 
                Commission or the Secretary of Homeland 
                Security.
            (6) Deficiencies.--
                    (A) Notification.--The Commission, in 
                coordination with the Secretary of Homeland 
                Security, shall promptly notify licensees or 
                certificate holders, the Governor of any State 
                that may be affected, and any other appropriate 
                Federal, State, or local agencies or 
                stakeholders of any weaknesses or deficiencies 
                in an emergency response plan or in emergency 
                preparedness capabilities identified as the 
                result of an evaluation under paragraph (1).
                    (B) Failure to correct.--If weaknesses or 
                deficiencies in emergency response plans or in 
                preparedness capabilities are not promptly 
                corrected, the Commission shall take 
                appropriate action under section 107 or other 
                enforcement authorities available to the 
                Commission to--
                            (i) ensure adequate protection of 
                        public health and safety; and
                            (ii) provide reasonable assurance 
                        that plans can and will be implemented 
                        and that adequate protective measures 
                        can and will be taken in the event of 
                        an emergency.
            (7) Report.--Not less than once annually, the 
        Commission and the Secretary of Homeland Security shall 
        submit to the President and Congress a report, in 
        classified and unclassified form, that describes--
                    (A) the results of each exercise evaluated 
                in the previous year; and
                    (B) each revision of an emergency response 
                plan or emergency preparedness capabilities 
                made under paragraph (6) in the previous year 
                that is substantive in nature.
            (8) Maintenance.--The Commission shall take such 
        action as is necessary to ensure that adequate 
        emergency response plans and capabilities are 
        maintained during the intervals between exercises.
            (9) Effect of subsection.--Nothing in this 
        subsection limits the authority of the Commission or 
        the Secretary of Homeland Security to take other 
        actions for protection of the public health and safety, 
        the environment, or the common defense and security 
        under any other authority of the Commission or the 
        Secretary of Homeland Security.
    (f) Effect.--Nothing in this section limits any authority 
of the Secretary of Energy relating to the security and 
safeguarding of special nuclear materials, high-level 
radioactive waste, and nuclear facilities resulting from all 
activities under the jurisdiction of the Secretary.
                              ----------                              


                           UNITED STATES CODE

                          TITLE 11--BANKRUPTCY

          * * * * * * *
Section 523. Exceptions to Discharge
    (a) * * *
          * * * * * * *
    (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.
                              ----------                              


                           UNITED STATES CODE

                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

          * * * * * * *
Section 922. Unlawful acts
    (a) It shall be unlawful--
    (1) for any person--
            (A) except a licensed importer, licensed 
        manufacturer, or licensed dealer, to engage in the 
        business of importing, manufacturing, or dealing in 
        firearms, or in the course of such business to ship, 
        transport, or receive any firearm in interstate or 
        foreign commerce; or
            (B) except a licensed importer or licensed 
        manufacturer, to engage in the business of importing or 
        manufacturing ammunition, or in the course of such 
        business, to ship, transport, or receive any ammunition 
        in interstate or foreign commerce;
    (2) for any importer, manufacturer, dealer, or collector 
licensed under the provisions of this chapter to ship or 
transport in interstate or foreign commerce any firearm to any 
person other than a licensed importer, licensed manufacturer, 
licensed dealer, or licensed collector, except that -
            (A) this paragraph and subsection (b)(3) shall not 
        be held to preclude a licensed importer, licensed 
        manufacturer, licensed dealer, or licensed collector 
        from returning a firearm or replacement firearm of the 
        same kind and type to a person from whom it was 
        received; and this paragraph shall not be held to 
        preclude an individual from mailing a firearm owned in 
        compliance with Federal, State, and local law to a 
        licensed importer, licensed manufacturer, licensed 
        dealer, or licensed collector;
            (B) this paragraph shall not be held to preclude a 
        licensed importer, licensed manufacturer, or licensed 
        dealer from depositing a firearm for conveyance in the 
        mails to any officer, employee, agent, or watchman who, 
        pursuant to the provisions of section 1715 of this 
        title, is eligible to receive through the mails 
        pistols, revolvers, and other firearms capable of being 
        concealed on the person, for use in connection with his 
        official duty; and
            (C) nothing in this paragraph shall be construed as 
        applying in any manner in the District of Columbia, the 
        Commonwealth of Puerto Rico, or any possession of the 
        United States differently than it would apply if the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        or the possession were in fact a State of the United 
        States;
    (3) for any person, other than a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
to transport into or receive in the State where he resides (or 
if the person is a corporation or other business entity, the 
State where it maintains a place of business) any firearm 
purchased or otherwise obtained by such person outside that 
State, except that this paragraph (A) shall not preclude any 
person who lawfully acquires a firearm by bequest or intestate 
succession in a State other than his State of residence from 
transporting the firearm into or receiving it in that State, if 
it is lawful for such person to purchase or possess such 
firearm in that State, (B) shall not apply to the 
transportation or receipt of a firearm obtained in conformity 
with subsection (b)(3) of this section, and (C) shall not apply 
to the transportation of any firearm acquired in any State 
prior to the effective date of this chapter;
    (4) for any person, other than a licensed importer, 
licensed manufacturer, licensed dealer, [or licensed collector] 
licensed collector, or a licensee or certificate holder under 
title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.), or an employee or contractor of such a licensee or 
certificate holder, that holds the license or certificate for 
the purpose of establishing and maintaining an on-site physical 
protection system and security organization required by Federal 
law or for the purpose of licensee-authorized or certificate 
holder-authorized training or transportation of nuclear 
material or equipment authorized under the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.), to transport in interstate or 
foreign commerce any destructive device, machinegun (as defined 
in section 5845 of the Internal Revenue Code of 1986), short-
barreled shotgun, or short-barreled rifle, except as 
specifically authorized by the Secretary consistent with public 
safety and necessity;
    (5) for any person (other than a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector) 
to transfer, sell, trade, give, transport, or deliver any 
firearm to any person (other than a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector) who the 
transferor knows or has reasonable cause to believe does not 
reside in (or if the person is a corporation or other business 
entity, does not maintain a place of business in) the State in 
which the transferor resides; except that this paragraph shall 
not apply to (A) the transfer, transportation, or delivery of a 
firearm made to carry out a bequest of a firearm to, or an 
acquisition by intestate succession of a firearm by, a person 
who is permitted to acquire or possess a firearm under the laws 
of the State of his residence, and (B) the loan or rental of a 
firearm to any person for temporary use for lawful sporting 
purposes;
    (6) for any person in connection with the acquisition or 
attempted acquisition of any firearm or ammunition from a 
licensed importer, licensed manufacturer, licensed dealer, or 
licensed collector, knowingly to make any false or fictitious 
oral or written statement or to furnish or exhibit any false, 
fictitious, or misrepresented identification, intended or 
likely to deceive such importer, manufacturer, dealer, or 
collector with respect to any fact material to the lawfulness 
of the sale or other disposition of such firearm or ammunition 
under the provisions of this chapter;
    (7) for any person to manufacture or import armor piercing 
ammunition, except that this paragraph shall not apply to -
            (A) the manufacture or importation of such 
        ammunition for the use of the United States or any 
        department or agency thereof or any State or any 
        department, agency, or political subdivision thereof;
            (B) the manufacture of such ammunition for the 
        purpose of exportation; and
            (C) any manufacture or importation for the purposes 
        of testing or experimentation authorized by the 
        Secretary;
    (8) for any manufacturer or importer to sell or deliver 
armor piercing ammunition, except that this paragraph shall not 
apply to--
            (A) the sale or delivery by a manufacturer or 
        importer of such ammunition for use of the United 
        States or any department or agency thereof or any State 
        or any department, agency, or political subdivision 
        thereof;
            (B) the sale or delivery by a manufacturer or 
        importer of such ammunition for the purpose of 
        exportation;
            (C) the sale or delivery by a manufacturer or 
        importer of such ammunition for the purposes of testing 
        or experimenting authorized by the Secretary; and
    (9) for any person, other than a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector, 
who does not reside in any State to receive any firearms unless 
such receipt is for lawful sporting purposes.
    (b) It shall be unlawful for any licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
to sell or deliver--
    (1) any firearm or ammunition to any individual who the 
licensee knows or has reasonable cause to believe is less than 
eighteen years of age, and, if the firearm, or ammunition is 
other than a shotgun or rifle, or ammunition for a shotgun or 
rifle, to any individual who the licensee knows or has 
reasonable cause to believe is less than twenty-one years of 
age;
    (2) any firearm to any person in any State where the 
purchase or possession by such person of such firearm would be 
in violation of any State law or any published ordinance 
applicable at the place of sale, delivery or other disposition, 
unless the licensee knows or has reasonable cause to believe 
that the purchase or possession would not be in violation of 
such State law or such published ordinance;
    (3) any firearm to any person who the licensee knows or has 
reasonable cause to believe does not reside in (or if the 
person is a corporation or other business entity, does not 
maintain a place of business in) the State in which the 
licensee's place of business is located, except that this 
paragraph (A) shall not apply to the sale or delivery of any 
rifle or shotgun to a resident of a State other than a State in 
which the licensee's place of business is located if the 
transferee meets in person with the transferor to accomplish 
the transfer, and the sale, delivery, and receipt fully comply 
with the legal conditions of sale in both such States (and any 
licensed manufacturer, importer or dealer shall be presumed, 
for purposes of this subparagraph, in the absence of evidence 
to the contrary, to have had actual knowledge of the State laws 
and published ordinances of both States), and (B) shall not 
apply to the loan or rental of a firearm to any person for 
temporary use for lawful sporting purposes;
    (4) to any person any destructive device, machinegun (as 
defined in section 5845 of the Internal Revenue Code of 1986), 
short-barreled shotgun, or short-barreled rifle, except as 
specifically authorized by the Secretary consistent with public 
safety and necessity; and
          * * * * * * *
    (o)(1) Except as provided in paragraph (2), it shall be 
unlawful for any person to transfer or possess a machinegun.
    (2) This subsection does not apply with respect to--
            (A) a transfer to or by, or possession by or under 
        the authority of, the United States or any department 
        or agency thereof or a State, or a department, agency, 
        or political subdivision thereof; [or]
            (B) any lawful transfer or lawful possession of a 
        machinegun that was lawfully possessed before the date 
        this subsection takes effect[.]; or
            (C) a transfer to a licensee or certificate holder 
        under title I of the Atomic Energy Act of 1954 (42 
        U.S.C. 2011 et seq.) for purposes of establishing and 
        maintaining an on-site physical protection system and 
        security organization required by Federal law, or 
        possession by an employee or contractor of the licensee 
        or certificate holder on-site for such purposes or off-
        site for purposes of licensee-authorized or certificate 
        holder-authorized training or transportation of nuclear 
        materials or equipment authorized under the Atomic 
        Energy Act of 1954 (42 U.S.C. 2011 et seq.).
          * * * * * * *
    (v)(1) It shall be unlawful for a person to manufacture, 
transfer, or possess a semiautomatic assault weapon.
    (2) Paragraph (1) shall not apply to the possession or 
transfer of any semiautomatic assault weapon otherwise lawfully 
possessed under Federal law on the date of the enactment of 
this subsection.
    (3) Paragraph (1) shall not apply to--
        (A) any of the firearms, or replicas or duplicates of 
        the firearms, specified in Appendix A to this section, 
        as such firearms were manufactured on October 1, 1993;
        (B) any firearm that--
                (i) is manually operated by bolt, pump, lever, 
                or slide action;
                (ii) has been rendered permanently inoperable; 
                or
                (iii) is an antique firearm;
        (C) any semiautomatic rifle that cannot accept a 
        detachable magazine that holds more than 5 rounds of 
        ammunition; or
        (D) any semiautomatic shotgun that cannot hold more 
        than 5 rounds of ammunition in a fixed or detachable 
        magazine. The fact that a firearm is not listed in 
        Appendix A shall not be construed to mean that 
        paragraph (1) applies to such firearm. No firearm 
        exempted by this subsection may be deleted from 
        Appendix A so long as this subsection is in effect.
    (4) Paragraph (1) shall not apply to--
        (A) the manufacture for, transfer to, or possession by 
        the United States or a department or agency of the 
        United States or a State or a department, agency, or 
        political subdivision of a State, or a transfer to or 
        possession by a law enforcement officer employed by 
        such an entity for purposes of law enforcement (whether 
        on or off duty);
        (B) the transfer to a licensee or certificate holder 
        under title I of the Atomic Energy Act of 1954 for 
        purposes of establishing and maintaining an on-site 
        physical protection system and security organization 
        required by Federal law, or possession by an employee 
        or contractor of such licensee on-site for such 
        purposes or off-site for purposes of licensee-
        authorized or certificate holder-authorized training or 
        transportation of nuclear materials or equipment;
        (C) the possession, by an individual who is retired 
        from service with a law enforcement agency and is not 
        otherwise prohibited from receiving a firearm, of a 
        semiautomatic assault weapon transferred to the 
        individual by the agency upon such retirement; or
        (D) the manufacture, transfer, or possession of a 
        semiautomatic assault weapon by a licensed manufacturer 
        or licensed importer for the purposes of testing or 
        experimentation authorized by the Secretary.
          * * * * * * *
    Sec. 925. Exceptions: Relief from disabilities
    (a)(1) * * *
          * * * * * * *
    (d) The Secretary shall authorize a firearm or ammunition 
to be imported or brought into the United States or any 
possession thereof if the firearm or ammunition--
    (1)(A) is being imported or brought in for scientific or 
research purposes, or is for use in connection with competition 
or training pursuant to chapter 401 of title 10; or
    (B) is being imported or brought in for transfer to a 
licensee or certificate holder under title I of the Atomic 
Energy Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of 
establishing and maintaining an on-site physical protection 
system and security organization required by Federal law;
    (2) is an unserviceable firearm, other than a machinegun as 
defined in section 5845(b) of the Internal Revenue Code of 1986 
(not readily restorable to firing condition), imported or 
brought in as a curio or museum piece;
    (3) is of a type that does not fall within the definition 
of a firearm as defined in section 5845(a) of the Internal 
Revenue Code of 1986 and is generally recognized as 
particularly suitable for or readily adaptable to sporting 
purposes, excluding surplus military firearms, except in any 
case where the Secretary has not authorized the importation of 
the firearm pursuant to this paragraph, it shall be unlawful to 
import any frame, receiver, or barrel of such firearm which 
would be prohibited if assembled; or
    (4) was previously taken out of the United States or a 
possession by the person who is bringing in the firearm or 
ammunition.
    The Secretary shall permit the conditional importation or 
bringing in of a firearm or ammunition for examination and 
testing in connection with the making of a determination as to 
whether the importation or bringing in of such firearm or 
ammunition will be allowed under this subsection.
          * * * * * * *
    Sec. 926A. Interstate transportation of firearms
    [Notwithstanding]
    (a) In General.--Notwithstanding any other provision of any 
law or any rule or regulation of a State or any political 
subdivision thereof, any person who is not otherwise prohibited 
by this chapter from transporting, shipping, or receiving a 
firearm shall be entitled to transport a firearm for any lawful 
purpose from any place where he may lawfully possess and carry 
such firearm to any other place where he may lawfully possess 
and carry such firearm if, during such transportation the 
firearm is unloaded, and neither the firearm nor any ammunition 
being transported is readily accessible or is directly 
accessible from the passenger compartment of such transporting 
vehicle: Provided, That in the case of a vehicle without a 
compartment separate from the driver's compartment the firearm 
or ammunition shall be contained in a locked container other 
than the glove compartment or console.
    (b) Licensees and Certificate Holders of the Nuclear 
Regulatory Commission.--Notwithstanding any other provision of 
any law or any rule or regulation of a State or any political 
subdivision of a State, a licensee or certificate holder under 
title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.), or an employee or contractor of such a licensee or 
certificate holder, that is not otherwise prohibited by this 
chapter from transporting, shipping, receiving, or possessing a 
firearm shall be entitled to transport and possess a firearm 
for purposes of establishing and maintaining an onsite physical 
protection system and security organization required by Federal 
law, and for purposes of licensee-authorized or certificate 
holder-authorized training or transportation of nuclear 
material or equipment authorized under the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.).
                              ----------                              


                           UNITED STATES CODE

                    TITLE 26--INTERNAL REVENUE CODE

   chapter 53--machine guns, destructive devices, and certain other 
                                firearms
            Subchapter B--General Provisions and Exemptions
                       PART I--GENERAL PROVISIONS
          * * * * * * *
Sec. 5844. Importation
    No firearm shall be imported or brought into the United 
States or any territory under its control or jurisdiction 
unless the importer establishes, under regulations as may be 
prescribed by the Secretary, that the firearm to be imported or 
brought in is--
    (1) being imported or brought in for the use of the United 
States or any department, independent establishment, or agency 
thereof or any State or possession or any political subdivision 
thereof; [or]
    (2) being imported or brought in for scientific or research 
purposes; [or]
    (3) being imported or brought in solely for testing or use 
as a model by a registered manufacturer or solely for use as a 
sample by a registered importer or registered dealer; except 
that, the Secretary may permit the conditional importation or 
bringing in of a firearm for examination and testing in 
connection with classifying the firearm[.]; or
    (4) a machinegun or short-barreled shotgun being imported 
or brought in for transfer to a licensee or certificate holder 
under title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 
et seq.) for purposes of establishing and maintaining an on-
site physical protection system and security organization 
required by Federal law;
                              ----------                              


                           UNITED STATES CODE

                TITLE 42--THE PUBLIC HEALTH AND WELFARE

          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

                       division a--atomic energy
            subchapter xiii--general authority of commission
          * * * * * * *
Sec. 2214. NRC user fees and annual charges
    (a) Annual assessment
    (1) In general
    Except as provided in paragraph(3), the Nuclear Regulatory 
Commission(in this section referred to as the ``Commission'') 
shall annually assess and collect such fees and charges as are 
described in subsections (b) and (c) of this section.
    (2) First assessment
    The first assessment of fees under subsection (b) of this 
section and annual charges under subsection (c) of this section 
shall be made not later than September 30, 1991.
    (3) Last assessment of annual charges
    The last assessment of annual charges under subsection (c) 
of this section shall be made not later than September 20, 
2005.
    (b) Fees for service or thing of value
    Pursuant to section 9701 of title 31, any person who 
receives a service or thing of value from the Commission shall 
pay fees to cover the Commission's costs in providing any such 
service or thing of value.
    (c) Annual charges
    (1) Persons subject to charge
    Except as provided in paragraph(4), any licensee or 
certificate holder of the Commission may be required to pay, in 
addition to the fees set forth in subsection (b) of this 
section, an annual charge.
    (2) Aggregate amount of charges
        (A) In general
        The aggregate amount of the annual charges collected 
        from all licensees and certificate holders in a fiscal 
        year shall equal an amount that approximates the 
        percentages of the budget authority of the Commission 
        for the fiscal year stated in subparagraph(B), less--
            (i) amounts collected under subsection (b) of this 
        section during the fiscal year; [and]
            (ii) amounts appropriated to the Commission from 
        the Nuclear Waste Fund for the fiscal year[.]; and
            (iii) amounts appropriated to the Commission for 
        homeland security activities of the Commission for the 
        fiscal year, except for the costs of fingerprinting and 
        background checks required by section 149 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2169) and the costs of 
        conducting security inspections.
        (B) Percentages
        The percentages referred to in subparagraph(A) are--
            (i) 98 percent for fiscal year 2001;
            (ii) 96 percent for fiscal year 2002;
            (iii) 94 percent for fiscal year 2003;
            (iv) 92 percent for fiscal year 2004; and
            (v) 90 percent for fiscal year 2005.
    (3) Amount per licensee
    The Commission shall establish, by rule, a schedule of 
charges fairly and equitably allocating the aggregate amount of 
charges described in paragraph(2) among licensees. To the 
maximum extent practicable, the charges shall have a reasonable 
relationship to the cost of providing regulatory services and 
may be based on the allocation of the Commission's resources 
among licensees or classes of licensees.
    (4) Exemption
        (A) In general
        Paragraph(1) shall not apply to the holder of any 
        license for a federally owned research reactor used 
        primarily for educational training and academic 
        research purposes.
        (B) Research reactor
        For purposes of subparagraph(A), the term ``research 
        reactor'' means a nuclear reactor that--
            (i) is licensed by the Nuclear Regulatory 
        Commission under section 2134(c) of this title for 
        operation at a thermal power level of 10 megawatts or 
        less; and
            (ii) if so licensed for operation at a thermal 
        power level of more than 1 megawatt, does not contain--
                    (I) a circulating loop through the core in 
                which the licensee conducts fuel experiments;
                    (II) a liquid fuel loading; or
                    (III) an experimental facility in the core 
                in excess of 16 square inches in cross-section.
    (d) ``Nuclear Waste Fund'' defined
    As used in this section, the term ``Nuclear Waste Fund'' 
means the fund established pursuant to section 10222(c) of this 
title.

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