Nuclear Infrastructure Security Act of 2003 - Amends the Atomic Energy Act of 1954 to require the Nuclear Regulatory Commission (NRC), in coordination with the Department of Homeland Security, to study and report to Congress on threats and vulnerabilities targeting nuclear facilities. Directs the NRC to: (1) revise design basis threats; (2) establish a system for the determination of threat levels; (3) require each licensee or certificate holder of a designated nuclear facility to revise its security plan and make necessary upgrades; (4) review the emergency response plan for each facility; (5) assign a Federal security coordinator to each NRC region; and (6) require fingerprinting of nuclear facility personnel for criminal history record checks.
Amends the Energy Reorganization Act of 1974 to establish in the NRC the Office of Nuclear Security and Incident Response.
Directs the NRC to establish a security response evaluation program to assess the ability of each designated nuclear facility to defend against threats in accordance with the facility's security plan.
Amends Federal criminal law to authorize NRC licensees and certificate holders guarding nuclear facilities, equipment, or material to: (1) transport short-barreled shotguns or rifles; (2) accept imported firearms or ammunition; (3) transport and possess firearms; and (4) possess semiautomatic assault weapons and large capacity ammunition feeding devices.
Amends the Atomic Energy Act of 1954 to: (1) redefine byproduct material to include accelerator-produced radioactive material; and (2) direct the NRC to promulgate requirements and standards for its acquisition, possession, transfer, use, or disposal.
Amends the Energy Reorganization Act to extend whistleblower protection to a contractor or subcontractor of the NRC.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2708 Introduced in House (IH)]
<DOC>
108th CONGRESS
1st Session
H. R. 2708
To provide for the security of commercial nuclear power plants and
facilities designated by the Nuclear Regulatory Commission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2003
Mr. Saxton introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the security of commercial nuclear power plants and
facilities designated by the Nuclear Regulatory Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Infrastructure Security Act
of 2003''.
SEC. 2. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is
amended--
(1) by redesignating subsection jj. as subsection ii.; and
(2) by adding at the end the following:
``jj. Designated Nuclear Facility.--The term `designated nuclear
facility' means--
``(1) an operating commercial nuclear power plant; and
``(2) any other facility owned or operated by a licensee or
certificate holder that the Commission determines should be
included within the meaning of the term.
``kk. Private Security Force.--The term `private security force',
with respect to a designated nuclear facility, means personnel hired or
contracted by the licensee or certificate holder of the designated
nuclear facility to provide security at the designated nuclear
facility.''.
SEC. 3. DESIGNATED NUCLEAR FACILITY SECURITY.
(a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following:
``SEC. 170C. PROTECTION OF DESIGNATED NUCLEAR FACILITIES.
``(a) Definitions.--In this section:
``(1) Certificate holder.--The term `certificate holder'
means the holder of a certificate of compliance issued by the
Commission.
``(2) Federal security coordinator.--The term `Federal
security coordinator' means the Federal security coordinator
assigned to a regional office of the Commission.
``(3) Design basis threat.--The term `design basis threat'
means the threat components or capability of an adversary
against which a nuclear facility is responsible for defending
under regulations, orders, or other directives of the
Commission.
``(4) Licensee.--The term `licensee' means the holder of a
license issued by the Commission.
``(b) Security Examination.--
``(1) In general.--The Commission, in coordination with the
Secretary of Homeland Security and in consultation with other
agencies and State and local governments as appropriate, shall
examine--
``(A) classification of threats against designated
nuclear facilities as--
``(i) a type of threat falling under the
responsibilities of the Federal Government,
including an act by an enemy of the United
States, whether a foreign government or any
other person;
``(ii) a type of threat falling under the
responsibility of a State or local government;
or
``(iii) a type of threat the defense
against which the Commission determines should
be the responsibility of a licensee or
certificate holder;
``(B) coordination of Federal, State, and local
security efforts to protect against terrorist or other
criminal attacks at designated nuclear facilities;
``(C) the adequacy of planning to protect the
public health and safety in the event of a terrorist
attack against a designated nuclear facility,
including--
``(i) matters relating to the adequacy of
emergency planning zones;
``(ii) matters relating to the adequacy and
coordination of Federal, State, and local
emergency planning and other measures; and
``(iii) matters relating to the adequacy of
security plans for designated nuclear
facilities;
``(D) the system of threat levels, consistent with
the Homeland Security Advisory System used to
categorize the threats pertinent to designated nuclear
facilities, including--
``(i) procedures to ensure coordinated
Federal, State, and local responses to changing
threat levels for designated nuclear
facilities;
``(ii) monitoring of threats against
designated nuclear facilities; and
``(iii) procedures to notify licensees and
certificate holders of a designated nuclear
facility of changes in threat levels;
``(E) the hiring and training standards for members
of private security forces at designated nuclear
facilities;
``(F) the coordination of Federal resources to
expedite and improve the process of conducting
background checks under section 149; and
``(G) the creation by the Secretary of Homeland
Security of a program to provide technical assistance
and training for the National Guard, State law
enforcement agencies, and local law enforcement
agencies to respond, as appropriate, to threats against
a designated nuclear facility, including recommendations for the
establishment of a grant program to assist State and local governments
in carrying out any recommended actions under this section.
``(2) Report.--Not later than 1 year after completion of
the security examination under paragraph (1), the Commission
and the Secretary of Homeland Security shall submit to the
President and Congress, in classified and unclassified form, a
report with recommendations and findings.
``(c) Revision of Design Basis Threats.--
``(1) In general.--Not later than 180 days after completion
of the security examination under subsection (b), the
Commission shall by regulation revise the design basis threats
promulgated before the date of enactment of this section as the
Commission determines to be appropriate based on the security
examination.
``(2) Protection of safeguards information.--
``(A) In general.--In promulgating any regulations
under this subsection, the Commission shall ensure
protection of safeguards information in accordance with
section 147 and of classified national security
information.
``(B) Procedure.--Notwithstanding any requirement
of chapter 5 of title 5, United States Code, or any
other law, the Commission may conduct rulemaking under
this subsection in a manner that fully protects
safeguards information and classified national security
information.
``(d) Threat Levels.--Not later than 150 days after the date of
submission of the report under subsection (b)(2), the Commission shall
establish a system for the determination of threat levels pertinent
to--
``(1) designated nuclear facilities; and
``(2) materials designated by the Commission.
``(e) Security Plans.--
``(1) In general.--Pursuant to any action taken by the
Commission under subsection (c)(1) to revise a design basis
threat, not later than 1 year after the date of the revision,
the Commission shall require each licensee or certificate
holder of a designated nuclear facility to--
``(A) revise the security plan to ensure that the
designated nuclear facility protects against the
appropriate design basis threats; and
``(B) submit the security plan to the Commission
for review.
``(2) Review schedule.--The Commission shall establish a
priority schedule for conducting reviews of security plans
based on the proximity of the designated nuclear facility to
large population areas.
``(3) Upgrades to security.--The Commission shall ensure
that the licensee or certificate holder of each designated
nuclear facility makes any changes to security and the security
plan required from the Commission review on a schedule
established by the Commission, but not to exceed 18 months
after completion of the review.
``(f) Emergency Response Plans.--
``(1) In general.--Not later than 21 months after the date
of enactment of this section, the Commission shall review, in
consultation with the Secretary of Homeland Security and, as
appropriate, State and local governments, the emergency
response plans for each designated nuclear facility to ensure
that each emergency response plan provides for protection of
persons in the emergency response planning zone.
``(2) Aspects of review.--The Commission shall ensure that
each emergency response plan provides, as appropriate to the
type of designated nuclear facility, for--
``(A) the protection of public health and safety,
including the ability to implement protective measures;
``(B) clear definition and assignment of
responsibilities of emergency response personnel;
``(C) notification procedures;
``(D) communication and coordination among
emergency response personnel;
``(E) dissemination of information to the public,
both prior to, and in the event of, a radiological
emergency;
``(F) adequate emergency facilities and equipment
at and around the designated nuclear facility;
``(G) the use of methods, systems, and equipment
for assessing and monitoring actual or potential
impacts of an emergency;
``(H) a range of protective actions for the public;
``(I) means for controlling radiological exposures
and other hazardous exposures for emergency response
personnel;
``(J) appropriate medical services for contaminated
individuals;
``(K) general plans for recovery and reentry; and
``(L) radiological emergency response training.
``(3) Schedule.--The Commission shall establish a priority
schedule for conducting reviews of emergency response plans for
designated nuclear facilities based on the proximity of such
facilities to large population areas.
``(4) Upgrades to emergency response plan.--The Commission
shall ensure that the licensee or certificate holder of each
designated nuclear facility revises, as necessary, the
emergency response plan for review by the Commission on a
schedule established by the Commission.
``(g) Training Program.--
``(1) In general.--Not later than 1 year after submission
of the report under subsection (b)(2), the President shall
establish, based on and consistent with the findings and
recommendations contained in the report submitted under
subsection (b)(2), a program to provide technical assistance
and training for the National Guard and State and local law
enforcement agencies in responding to threats against a
designated nuclear facility.
``(2) Grants.--The President may provide grants to State
and local governments to assist in carrying out this section.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(h) Employee Security.--
``(1) Review.--Not later than 180 days after the date of
enactment of this section, the Commission shall review and
update as appropriate the access and training standards for
employees of a designated nuclear facility.
``(2) Disqualification of individuals who present national
security risks.--The Commission shall establish qualifications
and procedures, in addition to fingerprinting for criminal
history record checks conducted under section 149, to ensure
that no individual who presents a threat to national security
is employed at a designated nuclear facility.
``(i) Federal Security Coordinators.--
``(1) Regional offices.--Not later than 180 days after the
date of enactment of this section, the Commission shall assign
a Federal security coordinator, under the employment of the
Commission, to each region of the Commission.
``(2) Responsibilities.--The Federal security coordinator
shall be responsible for--
``(A) communicating with the Commission and other
Federal, State, and local authorities concerning
threats, including threats against a designated nuclear
facility;
``(B) ensuring that a designated nuclear facility
maintains security consistent with the security plan in
accordance with the appropriate threat level; and
``(C) assisting in the coordination of security
measures among--
``(i) the private security force at a
designated nuclear facility; and
``(ii) Federal, State, and local
authorities, as appropriate.
``(j) Classified Information.--Nothing in this section supersedes
any law (including a regulation) governing the disclosure of classified
information or safeguards information.''.
(b) Fingerprinting for Criminal History Record Checks.--Section 149
of the Atomic Energy Act of 1954 (42 U.S.C. 2169) is amended--
(1) in subsection a.--
(A) by striking ``a. The Nuclear'' and all that
follows through ``section 147.'' and inserting the
following:
``a. In General.--
``(1) Requirements.--The Commission shall require--
``(A) each licensee, certificate holder, or
applicant for a license or certificate to operate a
utilization facility under section 103 or 104(b); and
``(B) each licensee or applicant for a license to
possess or use radioactive material or other property
subject to regulation by the Commission that the
Commission determines to be of such significance to the
public health and safety or the common defense and
security as to warrant fingerprinting and background
checks;
to fingerprint each individual who is permitted unescorted
access to the facility, radioactive material, or other property
or is permitted access to safeguards information under section
147.'';
(B) by striking ``All fingerprints'' and inserting
the following:
``(2) Submission to the attorney general.--All
fingerprints'';
(C) by striking ``The costs'' and inserting the
following;
``(3) Costs.--The costs'';
(D) by striking ``Notwithstanding'' and inserting
the following:
``(4) Provision to licensee, certificate holder, or
applicant.--Notwithstanding''; and
(E) by striking ``licensee or applicant'' each
place it appears and inserting ``licensee, certificate
holder, or applicant for a license or certificate'';
(2) in subsection c., by striking ``, subject to public
notice and comment, regulations'' and inserting
``requirements'';
(3) by redesignating subsection d. as subsection e.; and
(4) by inserting after subsection c. the following:
``d. Use of Other Biometric Methods.--Any requirement for a person
to conduct fingerprinting under this section may be satisfied by using
any other biometric method used for identification by the Attorney
General.''.
SEC. 4. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
(a) In General.--Title II of the Energy Reorganization Act of 1974
(42 U.S.C. 5841 et seq.) is amended by adding at the end the following:
``SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
``(a) Definitions.--In this section:
``(1) Certificate holder.--The term `certificate holder'
has the meaning given the term in section 170C(a) of the Atomic
Energy Act of 1954.
``(2) Designated nuclear facility.--The term `designated
nuclear facility' has the meaning given the term in section 11
of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
``(3) Director.--The term `Director' means the Director of
Nuclear Security and Incident Response appointed under
subsection (c) to head the Office.
``(4) Licensee.--The term `licensee' has the meaning given
the term in section 170C(a) of the Atomic Energy Act of 1954.
``(5) Office.--The term `Office' means the Office of
Nuclear Security and Incident Response established by
subsection (b).
``(b) Establishment of Office.--There is established in the
Commission the Office of Nuclear Security and Incident Response.
``(c) Director.--
``(1) Appointment.--The Commission may appoint and remove
from office a Director of Nuclear Security and Incident
Response.
``(2) Duties.--
``(A) In general.--The Director shall perform such
functions as the Commission delegates to the Director.
``(B) Functions.--The functions delegated to the
Director may include--
``(i) carrying out security, safeguards,
and incident responses relating to--
``(I) any facility owned or
operated by a Commission licensee or
certificate holder;
``(II) any property owned or in the
possession of a licensee or certificate
holder that--
``(aa) is significant to
the common defense and
security; or
``(bb) is being transported
to or from a facility described
in clause (i); and
(III) any other activity of a
licensee or certificate holder, subject
to the requirements of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et
seq.), that is significant to the
common defense and security;
``(ii) for a facility or material licensed
or certified under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.)--
``(I) developing contingency plans
for dealing with threats, thefts, and
sabotage; and
``(II) monitoring, reviewing, and
evaluating security and safeguards;
``(iii) recommending upgrades to internal
accounting systems for special nuclear and
other materials licensed or certified under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.); and
``(iv) developing and recommending
standards and amendments to the standards of
the Commission relating to the duties described
in clauses (i) through (iii); and
``(E) carrying out any other safeguards and
physical security functions and incident response
functions that the Commission determines to be
appropriate.
``(3) Consultation.--In carrying out the duties under
paragraph (2), the Director shall, to the extent practicable,
consult and coordinate with other Federal agencies.
``(d) Security Response Evaluations.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Commission shall establish a
security response evaluation program to assess the ability of
each designated nuclear facility to defend against threats in
accordance with the security plan for the designated nuclear
facility.
``(2) Frequency of evaluations.--Not less than once every 3
years, the Commission shall conduct and document security
response evaluations at each designated nuclear facility to
assess the ability of the private security force of the
designated nuclear facility to defend against applicable design
basis threats.
``(3) Security exemption.--The Commission may suspend
activities under this section if the Commission determines that
the security response evaluations would compromise security at
any designated nuclear facility in accordance with a heightened
threat level.
``(4) Activities.--The security response evaluation shall
include force-on-force exercises that simulate the security
threats consistent with the design basis threats applicable to
the designated nuclear facility.
``(5) Performance criteria.--The Commission shall establish
performance criteria for judging the security response
evaluations.
``(6) Corrective action.--
``(A) In general.--When any of the performance
criteria established under paragraph (5) are not
satisfied--
``(i) the licensee or certificate holder
shall promptly correct any defects in
performance identified by the Commission in the
security response evaluation; and
``(ii) the Commission shall conduct an
additional security response evaluation within
9 months to confirm that the licensee or
certificate holder satisfies the performance
criteria established under paragraph (5).
``(B) 2 consecutive failures to satisfy performance
criteria.--
``(i) In general.--If a designated nuclear
facility fails to satisfy the performance
criteria established under paragraph (5) in 2
consecutive security response evaluations, the
Commission shall issue an order specifying the
corrective actions that must be taken by the
licensee or certificate holder of the
designated nuclear facility.
``(ii) Failure to take corrective action.--
If the licensee or certificate holder of a
designated nuclear facility does not take the
corrective action specified by the Commission
within 30 days after the date of issuance of an
order under clause (i), and the Commission
determines that the failure could compromise
public health and safety, the Commission shall assess a civil penalty
under section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 2282).
``(C) Effect.--Nothing in this paragraph limits any
enforcement authority of the Commission to take action
in response to deficiencies identified through security
evaluations.
``(7) Reports.--Not less often than once every year, the
Commission shall submit to Congress and the President a report,
in classified form and unclassified form, that describes the
results of each security response evaluation under this
paragraph for the previous year.
``(e) Emergency Response Exercises.--
``(1) In general.--Not less than once every 2 years, the
Commission, in coordination with the Secretary of Homeland
Security shall observe and evaluate emergency response
exercises to assess the ability of Federal, State, and local
emergency response agencies and emergency response personnel of
a licensee or certificate holder to respond to a radiological
emergency at the designated nuclear facility in accordance with
the emergency response plans.
``(2) Activities.--In carrying out their functions under
paragraph (1), the Commission and the Secretary of Homeland
Security shall evaluate--
``(A) the response capabilities, response times,
and coordination and communication capabilities of the
response personnel; and
``(B) the effectiveness and adequacy of emergency
response and the ability to take protective actions.
``(3) Plans.--The Commission shall ensure that the
emergency response plan for a designated nuclear facility is
revised to correct for any deficiencies identified by an
evaluation under this subsection.
``(4) Reports.--Not less than once every year, the
Commission shall submit to the President and Congress a report,
in classified form and unclassified form, that describes--
``(A) the results of each emergency response
exercise under this subsection conducted in the
previous year; and
``(B) each revision of an emergency response plan
made under paragraph (3) for the previous year that is
substantive in nature.
``(f) Effect.--Nothing in this section limits any authority of the
Department of Energy relating to the security and safeguarding of
special nuclear materials, high-level radioactive waste, and nuclear
facilities resulting from all activities under the jurisdiction of the
Department.''.
(b) Conforming Amendments.--Title II of the Energy Reorganization
Act of 1974 is amended--
(1) in section 203(b) (42 U.S.C. 5843(b))--
(A) in paragraph (1), by striking ``licensing and
regulation involving'' and inserting ``licensing,
regulation, and, except as otherwise provided under
section 212, carrying out safety reviews, safeguards,
and physical security of''; and
(B) in paragraph (2), by striking ``and
safeguards''; and
(2) in section 204(b) (42 U.S.C. 5844(b))--
(A) in paragraph (1)--
(i) by striking ``including'' and inserting
``not including''; and
(ii) by striking ``and materials.'' and
inserting ``and materials, to the extent that
the safeguards and security functions are
delegated to the Office of Nuclear Security and
Incident Response under section 212.''.
(B) in paragraph (2)--
(i) by striking ``and safeguards''; and
(ii) by striking ``, as amended,'' and all
that follows through the period and inserting
``(42 U.S.C. 2011 et seq.)''.
SEC. 5. GUARDING OF NUCLEAR FACILITIES, EQUIPMENT, AND MATERIAL.
(a) Transporting of short-barreled shotgun or rifle.--Section 922
of title 18, United States Code, is amended--
(1) in subsection (a)(4), by striking ``or licensed
collector,'' and inserting the following: ``licensed collector,
or a licensee or certificate holder under title I of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.), or an employee or
contractor of such a licensee or certificate holder, that holds
the license or certificate for the purpose of establishing and
maintaining an on-site physical protection system and security
organization required by Federal law or for the purpose of
licensee-authorized or certificate holder-authorized training
or transportation of nuclear material or equipment,''; and
(2) in subsection (o)(2)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) a transfer to a licensee or certificate holder under
title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.) for purposes of establishing and maintaining an on-site
physical protection system and security organization required
by Federal law, or possession by an employee or contractor of
the licensee or certificate holder on-site for such purposes or
off-site for purposes of licensee-authorized or certificate
holder-authorized training or transportation of nuclear
materials or equipment.''.
(b) Authorization for Importation of Firearm or Ammunition.--
Section 925(d)(1) of title 18, United States Code, is amended--
(1) by inserting ``(A)'' before ``is being''; and
(2) by inserting after the semicolon the following: ``or
``(B) is being imported or brought in for transfer to a
licensee or certificate holder under title I of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of
establishing and maintaining an on-site physical protection
system and security organization required by Federal law;''.
(c) Interstate Transportation of Firearms.--Section 926A of title
18, United States Code, is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Licensees and Certificate Holders of the Nuclear Regulatory
Commission.--Notwithstanding any other provision of any law or any rule
or regulation of a State or any political subdivision of a State, a
licensee or certificate holder under title I of the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.), or an employee or contractor of such
a licensee or certificate holder, that is not otherwise prohibited by
this chapter from transporting, shipping, receiving, or possessing a
firearm shall be entitled to transport and possess a firearm for
purposes of establishing and maintaining an onsite physical protection
system and security organization required by Federal law, and for
purposes of licensee-authorized or certificate holder-authorized
training or transportation of nuclear material or equipment.''.
(d) Semiautomatic Assault Weapons; Large Capacity Ammunition
Feeding Devices.--Section 922 of title 18, United States Code, is
amended--
(1) in subsection (v)(4)(B)--
(A) by inserting ``or certificate holder'' after
``licensee'' each place that term appears;
(B) by inserting ``or certificate holder-
authorized'' after ``licensee-authorized''; and
(C) by inserting ``or equipment'' after
``materials''; and
(2) in subsection (w)(3)(B)--
(A) by inserting ``or certificate holder'' after
``licensee'' each place that term appears;
(B) by inserting ``or certificate holder-
authorized'' after ``licensee-authorized''; and
(C) by inserting ``or equipment'' after
``materials''.
SEC. 6. TREATMENT OF ACCELERATOR-PRODUCED AND OTHER RADIOACTIVE
MATERIAL AS BYPRODUCT MATERIAL.
(a) Definition of Byproduct Material.--Section 11e. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)) is amended--
(1) by striking ``means (1) any radioactive'' and inserting
``means--
``(1) any radioactive'';
(2) by striking ``material, and (2) the tailings'' and
inserting ``material;
``(2) the tailings''; and
(3) by striking ``content.'' and inserting ``content; and
``(3)(A) any discrete source of radium-226; or
``(B) any material that--
``(i) has been made radioactive by use of a
particle accelerator; and
``(ii) is produced, extracted, or converted after
extraction, before, on, or after the date of enactment
of this paragraph, for use in a commercial, medical, or
research activity; and
``(4) any discrete source of naturally occurring
radioactive material, other than source material that--
``(A) the Nuclear Regulatory Commission determines
(after consultation with the Administrator of the
Environmental Protection Agency, the Secretary of
Energy, the Secretary of Homeland Security, and the
head of any other appropriate Federal agency), would
pose a threat similar to that posed by a discrete
source of radium-226 to the public health and safety or
the common defense and security; and
``(B) before, on, or after the date of enactment of
this paragraph, is extracted or converted after
extraction, for use in a commercial, medical, or
research activity.''.
(b) Agreements.--Section 274b. of the Atomic Energy Act of 1954 (42
U.S.C. 2021) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) byproduct materials (as defined in section 11e.(3));
``(4) byproduct materials (as defined in section
11e.(4));''.
(c) Regulations.--
(1) In general.--Not later than the effective date of this
section, the Nuclear Regulatory Commission shall promulgate
final regulations establishing such requirements and standards
as the Commission considers necessary for the acquisition,
possession, transfer, use, or disposal of byproduct material
(as defined in paragraphs (3) and (4) of section 11e. of the
Atomic Energy Act of 1954 (as added by subsection (a))).
(2) Cooperation.--The Commission shall cooperate with the
States in formulating the regulations under paragraph (1).
(3) Transition.--To ensure an orderly transition of
regulatory authority with respect to byproduct material as
defined in paragraphs (3) and (4) of section 11e. of the Atomic
Energy Act of 1954 (as added by subsection (a)), not later than
180 days before the effective date of this section, the Nuclear
Regulatory Commission shall prepare and provide public notice of a
transition plan developed in coordination with States that--
(A) have not, before the effective date of this
section, entered into an agreement with the Commission
under section 274b. of the Atomic Energy Act of 1954
(42 U.S.C. 2021); or
(B) in the case of a State that has entered into
such an agreement, has not, before the effective date
of this section, applied for an amendment to the
agreement that would permit assumption by the State of
regulatory responsibility for such byproduct material.
(d) Effective Date.--Except with respect to matters that the
Nuclear Regulatory Commission determines are required to be addressed
earlier to protect the public health and safety or to promote the
common defense and security, the amendments made by this section take
effect on the date that is 4 years after the date of enactment of this
Act.
SEC. 7. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended in the first sentence by inserting ``or subject to the
licensing authority of the Commission or to certification by the
Commission under this Act or any other Act'' before the period at the
end.
SEC. 8. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended--
(1) in the first sentence, by striking ``or who
intentionally and willfully attempts'' and inserting ``or who
attempts or conspires'';
(2) in paragraph (2), by striking ``storage facility'' and
inserting ``storage, treatment, or disposal facility'';
(3) in paragraph (3)--
(A) by striking ``such a utilization facility'' and
inserting ``a utilization facility licensed under this
Act''; and
(B) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by striking ``facility licensed'' and inserting
``uranium conversion or nuclear fuel fabrication
facility licensed or certified''; and
(B) by striking the period at the end and inserting
a semicolon; and
(5) by inserting after paragraph (4) the following:
``(5) any production, utilization, waste storage, waste
treatment, waste disposal, uranium enrichment, or nuclear fuel
fabrication facility subject to licensing or certification
under this Act during construction of the facility, if the
destruction or damage caused or attempted to be caused could
adversely affect public health and safety during the operation
of the facility;
``(6) any primary facility or backup facility from which a
radiological emergency preparedness alert and warning system is
activated; or
``(7) any radioactive material or other property subject to
regulation by the Nuclear Regulatory Commission that, before
the date of the offense, the Nuclear Regulatory Commission
determines, by order or regulation published in the Federal
Register, is of significance to the public health and safety or
to common defense and security;''.
SEC. 9. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General and the Nuclear Regulatory Commission shall submit to
Congress a report that assesses the adequacy of the criminal
enforcement provisions in chapter 18 of the Atomic Energy Act of 1954
(42 U.S.C. 221 et seq.).
SEC. 10. PROTECTION OF WHISTLEBLOWERS.
Section 211(a)(2) of the Energy Reorganization Act (42 U.S.C. 5851)
is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) a contractor or subcontractor of the
Commission.''.
SEC. 11. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents of the Atomic Energy Act of 1954 (42 U.S.C.
prec. 2011) is amended by adding at the end of the items relating to
chapter 14 the following:
``Sec. 170B. Uranium supply.
``Sec. 170C. Protection of designated nuclear facilities.''.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out the amendments made by this title.
(b) Aggregate Amount of Charges.--Section 6101 of the Omnibus
Budget Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is
amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and'' and
(3) by adding at the end the following:
``(iii) amounts appropriated to the Commission for
homeland security activities of the Commission for the
fiscal year, except for the costs of fingerprinting and
background checks required by section 149 of the Atomic
Energy Act of 1954 (42 U.S.C. 2169) and the costs of
conducting security inspections.''.
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy and Air Quality.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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