Instructs the Nuclear Regulatory Commission (NRC) to promulgate regulations that: (1) identify the threats that sensitive nuclear facilities must protect against to prevent radiological sabotage and theft of special nuclear material; and (2) establish a system to determine multiple threat levels in order to describe threat conditions.
Prescribes guidelines for mandatory NRC review of security plans and emergency response plans.
Directs the President to: (1) promulgate regulations establishing the Nuclear Infrastructure Antiterrorism Team to protect sensitive nuclear facility perimeters; and (2) establish a training program for National Guard, State and local law enforcement agency response to threats against a sensitive nuclear facility.
Amends the Energy Reorganization Act of 1974 to establish: (1) the Office of Nuclear Security and Incident Response; and (2) a Security Response Unit, including a mock terrorist team.
Instructs the NRC to: (1) establish a security response evaluation program for sensitive nuclear facilities; and (2) conduct emergency response exercises to evaluate emergency personnel response to a radiological emergency at those facilities.
Amends the Atomic Energy Act of 1954 to authorize trained security guards and employees of NRC certificate holders to carry firearms, other weapons, devices, or ammunition at NRC facilities.
Prescribes guidelines for such personnel to detain or arrest without a warrant.
Subjects to a criminal penalty: (1) any attempt or conspiracy to commit sabotage of nuclear facilities or fuel (the current standard is intentional or willful attempt); and (2) sabotage committed during construction of certain NRC facilities if the sabotage could adversely affect public health and safety during facility operation.
Amends the Energy Reorganization Act of 1974 to extend whistleblower protections to an employee of an NRC contractor or subcontractor.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 131 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 131
To amend the Atomic Energy Act of 1954 and the Energy Reorganization
Act of 1974 to strengthen security at sensitive nuclear facilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2003
Mr. Reid (for himself, Mrs. Clinton, Mr. Jeffords, Mr. Lieberman, Mr.
Harkin, and Mr. Edwards) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Atomic Energy Act of 1954 and the Energy Reorganization
Act of 1974 to strengthen security at sensitive nuclear facilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Security Act of 2003''.
SEC. 2. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is
amended--
(1) by redesignating subsection jj. as subsection ii.; and
(2) by adding at the end the following:
``(jj) Private Security Force.--The term `private security force',
with respect to a sensitive nuclear facility, means personnel hired or
contracted by the licensee of the sensitive nuclear facility to provide
security at the sensitive nuclear facility.
``(kk) Sensitive Nuclear Facility.--
``(1) In general.--The term `sensitive nuclear facility'
means a facility licensed by the Commission (or the portion of
a facility used in the conduct of an activity licensed by the
Commission).
``(2) Inclusions.--The term `sensitive nuclear facility'
includes--
``(A) an operating commercial nuclear power plant;
``(B) an independent spent fuel storage facility;
``(C) any portion of a commercial nuclear power
plant that is being decommissioned or a portion of a
commercial nuclear power plant that contains material
licensed by the Commission;
``(D) a category I fuel cycle facility; and
``(E) a gaseous diffusion plant.''.
SEC. 3. NUCLEAR FACILITY SECURITY.
(a) In general.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following:
``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES.
``(a) Definitions.--In this section:
``(1) Antiterrorism team.--The term `antiterrorism team'
means the Nuclear Infrastructure Antiterrorism Team established
under subsection (h).
``(2) Federal security coordinator.--The term `Federal
security coordinator' means the Federal security coordinator
assigned to a sensitive nuclear facility under subsection (k).
``(3) Task force.--The term `task force' means the task
force on nuclear infrastructure security established by
subsection (b).
``(4) Threat.--The term `threat' means a threat identified
under subsection (c).
``(5) Threat level.--The term `threat level' means a threat
level determined under subsection (d).
``(b) Task Force on Nuclear Infrastructure Security.--
``(1) Establishment.--There is established a task force on
nuclear infrastructure security.
``(2) Membership.--The task force shall be comprised of--
``(A) the chairman of the Commission, who shall
serve as chairperson of the task force;
``(B) the Secretary of Homeland Security;
``(C) the Secretary of Defense;
``(D) the Secretary of Transportation;
``(E) the Administrator of the Environmental
Protection Agency;
``(F) the Attorney General;
``(G) the Secretary of State;
``(H) the Director of the Central Intelligence
Agency;
``(I) the Secretary of Health and Human Services;
and
``(J) the Director of the Federal Emergency
Management Agency.
``(3) Duties.--
``(A) In general.--The task force, in consultation
with other Federal, State, and local agencies,
stakeholders, and members of the public, as
appropriate, shall examine the protection of sensitive
nuclear facilities from potential terrorist threats.
``(B) Security review.--
``(i) In general.--The task force shall
examine--
``(I) the classification of threats
as--
``(aa) an act falling under
the responsibilities of the
Federal Government (including
an act by an enemy of the
United States); or
``(bb) an act involving a
type of risk that the licensees
of the Commission should be
responsible for guarding
against;
``(II) coordination of Federal,
State, and local security efforts for
protection of land, water, and ground
access to sensitive nuclear facilities
in the event of a terrorist attack or
attempted terrorist attack;
``(III) the adequacy of existing
emergency planning zones to protect the
public health and safety in the event
of a terrorist attack against a sensitive nuclear facility;
``(IV) the adequacy and
coordination of Federal, State, and
local emergency planning, evacuation,
and other measures to protect the
public health and safety in the event
of a terrorist attack against a
sensitive nuclear facility;
``(V) the threats that sensitive
nuclear facilities must protect against
to prevent acts of radiological
sabotage and theft of special nuclear
material;
``(VI) the system of threat levels,
consistent with the Homeland Security
Advisory System, used to categorize the
threats against a sensitive nuclear
facility, including--
``(aa) procedures to ensure
coordinated Federal, State, and
local responses to changing
threat levels for sensitive
nuclear facilities;
``(bb) monitoring of
threats against sensitive
nuclear facilities; and
``(cc) procedures to notify
licensees of a sensitive
nuclear facility of changes in
threat levels;
``(VII) the development,
implementation, and revision of
security plans for sensitive nuclear
facilities;
``(VIII) the establishment of the
antiterrorism team under subsection
(h);
``(IX) the hiring and training
standards for members of private
security forces at sensitive nuclear
facilities, in accordance with
subsection (i);
``(X) the coordination of Federal
resources to expedite and improve the
process of performing background checks
on employees with access to sensitive
nuclear facilities; and
``(XI) the creation of a program to
provide technical assistance and
training for the national guard, State
law enforcement agencies, and local law
enforcement agencies to respond, as
appropriate, to threats against a
sensitive nuclear facility, including
recommendations for the establishment
of a grant program for State and local
governments to carry out any
recommended requirements under this
section.
``(ii) Threats.--The threats to be examined
include--
``(I) threats comparable to the
events of September 11, 2001;
``(II) cyber or biochemical
threats;
``(III) attacks on a sensitive
nuclear facility by multiple
coordinated teams of a large number of
individuals;
``(IV) attacks from several persons
employed at the sensitive nuclear
facility, some of whom may have
sophisticated knowledge of the
operations of the sensitive nuclear
facility;
``(V) attacks from individuals
willing to commit suicide to carry out
the attacks;
``(VI) water-based and air-based
attacks;
``(VII) attacks using explosive
devises of considerable size and modern
weaponry;
``(VIII) fire, especially fire of
long duration; and
``(IX) any combination of those
threats.
``(4) Report.--
``(A) In general.--Not later than 120 days after
the date of enactment of this section, the task force
shall submit to the President and Congress, in
classified form and unclassified form, a report with
recommendations and findings.
``(B) Revision.--The task force shall revise the
recommendations periodically, but not less than once
every 3 years.
``(c) Threats to Sensitive Nuclear Facilities.--
``(1) In general.--Not later than 150 days after the task
force submits the report under subsection (b)(4), the
Commission shall promulgate regulations, based on and
consistent with the findings and recommendations of the task
force, identifying the threats that sensitive nuclear
facilities must protect against to prevent acts of radiological
sabotage and the theft of special nuclear material at sensitive
nuclear facilities.
``(2) Protection of safeguards information.--In
promulgating regulations under this subsection, the Commission
shall ensure protection of safeguards information in accordance
with section 147.
``(d) Threat Levels.--Not later than 150 days after the task force
submits the report under subsection (b)(4), the Commission shall
promulgate regulations, based on and consistent with the findings and
recommendations of the task force, establishing a system for the
determination of multiple threat levels to describe the threat
conditions at sensitive nuclear facilities.
``(e) Security Plans.--
``(1) In general.--Not later than 1 year after the date on
which the Commission establishes the threats under subsection
(c), the Commission shall review, based on and consistent with
the findings and recommendations of the task force, the security plan
for each sensitive nuclear facility to ensure that each sensitive
nuclear facility protects against those threats.
``(2) Aspects of review.--The Commission shall ensure that
the security plan provides for--
``(A) the deployment and capabilities of the
private security force at the sensitive nuclear
facility for each threat level;
``(B) coordination between the private security
force and the antiterrorism team for the sensitive
nuclear facility, as appropriate for each threat level;
``(C) secure operation of vital equipment, such as
control room equipment and backup warning systems;
``(D) access restrictions;
``(E) security cameras, fire protection barriers,
and other physical security measures;
``(F) protection of spent fuel, including options
such as placement of spent fuel in dry cask storage;
``(G) background security checks for employees and
prospective employees; and
``(H) coordination among licensees of sensitive
nuclear facilities and appropriate Federal, state, and
local emergency response personnel.
``(3) Schedule.--The Commission shall establish a priority
schedule for conducting reviews of security plans based on the
vulnerability of each sensitive nuclear facility and the
proximity of the sensitive nuclear facility to large population areas.
``(4) Findings.--
``(A) In general.--Not later than 30 days after the
review of each security plan, the Commission shall
submit to Congress and the licensee of each sensitive
nuclear facility recommendations, findings, and a
schedule for implementation of changes to security that
shall be made not later than 18 months after completion
of the review of the security plan.
``(B) Form.--The report submitted to Congress under
subparagraph (A) shall be submitted in classified and
unclassified form.
``(5) Upgrades to security plan.--Not later than 30 days
after the review of each security plan, the Commission shall
ensure that the licensee of each sensitive nuclear facility
revises, as necessary, its security plan consistent with the
findings under paragraph (4).
``(6) Upgrades to security.--The Commission shall ensure
that the licensee of each sensitive nuclear facility makes any
changes to security required by the security plan according to
the Commission schedule.
``(f) Emergency Response Plans.--
``(1) In general.--Not later than 150 days after the task
force submits the report under subsection (b)(4), the
Commission shall review, based on and consistent with the
findings and recommendations of the task force, the emergency
response plans for each sensitive nuclear facility to ensure
that each emergency response plan provides protection for
persons living in the emergency response planning zones.
``(2) Aspects of review.--The Commission shall ensure that
each emergency response plan provides for--
``(A) the protection of public health and safety,
including the ability to implement protective measures;
``(B) clear definition and assignment of
responsibilities of emergency response personnel;
``(C) notification procedures;
``(D) communication and coordination among
emergency response personnel;
``(E) dissemination of information to the public,
both prior to, and in the event of, a radiological
emergency;
``(F) adequate emergency facilities and equipment
at and around the sensitive nuclear facility;
``(G) the use of methods, systems, and equipment
for assessing and monitoring actual or potential
impacts of a radiological emergency;
``(H) appropriate evacuation and sheltering and the
prophylactic use of potassium iodide;
``(I) means for controlling radiological exposures;
``(J) appropriate medical services;
``(K) plans for recovery and reentry; and
``(L) radiological emergency response training.
``(3) Schedule.--The Commission shall establish a priority
schedule for conducting reviews of emergency response plans for
sensitive nuclear facilities based on the relative degrees of
vulnerability of sensitive nuclear facilities and the proximity
of sensitive nuclear facilities to large population areas.
``(4) Findings.--
``(A) In general.--Not later than 30 days after the
review of each emergency response plan, the Commission
shall submit to Congress and the licensee of each
sensitive nuclear facility recommendations and
findings.
``(B) Form.--The report submitted to Congress under
subparagraph (A) shall be submitted in classified and
unclassified form.
``(5) Upgrades to emergency response plan.--Not later than
30 days after completion of the review of each emergency
response plan, the Commission shall ensure that the licensee of
each sensitive nuclear facility revises, as necessary, the
emergency response plan for the sensitive nuclear facility
consistent with the findings under paragraph (4).
``(g) Federal Coordination.--Not later than 90 days after the task
force submits the report under subsection (b)(4), the Commission shall
promulgate regulations, based on and consistent with the findings and
recommendations of the task force, establishing the circumstances under
which the Commission shall request the President to--
``(1) deploy the Coast Guard to a sensitive nuclear
facility;
``(2) provide for the protection of air space in the
vicinity of a sensitive nuclear facility; or
``(3) deploy the antiterrorism team.
``(h) Nuclear Infrastructure Antiterrorism Team.--
``(1) Establishment.--Not later than 1 year after the task
force submits the report under subsection (b)(4), the President
shall establish, based on and consistent with the findings and
recommendations of the task force, the Nuclear Infrastructure
Antiterrorism Team.
``(2) Purpose.--The purpose of the antiterrorism team shall
be to provide protection for the perimeter of sensitive nuclear
facilities against the threats identified under subsection (c),
in coordination with other Federal, State, local, and private
entities, as appropriate, consistent with the security plan for
each sensitive nuclear facility.
``(i) Training Program.--
``(1) In general.--Not later than 180 days after the task
force submits the report under subsection (b)(4)(B), the
President shall establish, based on and consistent with
findings and recommendations of the task force, a program to
provide technical assistance and training for the National
Guard and State and local law enforcement agencies in
responding to threats against a sensitive nuclear facility.
``(2) Grants.--The President may provide grants, consistent
with the findings and recommendations of the task force, to
State and local governments to assist in carrying out this
section.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(j) Employee Security.--
``(1) Review.--Not later than 90 days after the task force
submits the report under subsection (b)(4), the Commission,
taking into consideration recommendations of the task force,
shall review and update the hiring and training standards for
employees of a sensitive nuclear facility.
``(2) Criminal and security background checks.--The
Commission shall require that--
``(A) each employee at a sensitive nuclear facility
pass a criminal and security background check; and
``(B) criminal and security background checks be
updated on a periodic basis, as appropriate.
``(3) Disqualification of individuals who present national
security risks.--The Commission, based on and consistent with
the findings and recommendations of the task force, shall
establish qualifications and procedures, in addition to any
criminal and security background check conducted under
paragraph (2), to ensure that no individual who presents a
threat to national security is employed at a sensitive nuclear
facility.
``(k) Federal Security Coordinators.--
``(1) In general.--Not later than 120 days after the task
force submits the report under subsection (b)(4), the
Commission, based on and consistent with findings and
recommendations of the task force, shall promulgate regulations
for the hiring and training of Federal security coordinators.
``(2) Assignment of federal security coordinators.--Not
later than 60 days after the Commission promulgates regulations
under paragraph (1), the Commission shall assign a Federal
security coordinator, under the employment of the Commission,
at each sensitive nuclear facility.
``(3) Responsibilities.--The Federal security coordinator
shall be responsible for--
``(A) communicating with the Commission and other
Federal, State, and local authorities concerning
threats, including threats against the sensitive
nuclear facility;
``(B) ensuring that the sensitive nuclear facility
maintains security consistent with the security plan in
accordance with the appropriate threat level; and
``(C) ensuring full and active coordination of
security measures among--
``(i) the private security force at the
sensitive nuclear facility;
``(ii) the antiterrorism team; and
``(iii) other Federal, State, and local
authorities, as appropriate.
``(l) Classified Information.--Nothing in this section shall be
construed to supersede any existing law (including a regulation)
governing the disclosure of classified information or safeguards
information.''.
SEC. 4. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
(a) In General.--Title II of the Energy Reorganization Act of 1974
(42 U.S.C. 5841 et seq.) is amended by adding at the end the following:
``SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
``(a) Definitions.--In this section:
``(1) Antiterrorism team.--The term `antiterrorism team'
has the meaning given the term in section 170C(a) of the Atomic
Energy Act of 1954.
``(2) Assistant director.--The term `Assistant Director'
means the Assistant Director for Security Response.
``(3) Director.--The term `Director' means the Director of
Nuclear Security and Incident Response appointed under
subsection (c).
``(4) Mock terrorist team.--The term `mock terrorist team'
means the mock terrorist team described in subsection (d)(3).
``(5) Office.--The term `Office' means the Office of
Nuclear Security and Incident Response established by
subsection (b).
``(6) Sensitive nuclear facility.--The term `sensitive
nuclear facility' has the meaning given the term in section 11
of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
``(7) Threat.--The term `threat' has the meaning given the
term in section 170C(a) of the Atomic Energy Act of 1954.
``(8) Unit.--The term `Unit' means the Security Response
Unit established under subsection (d)(1).
``(b) Establishment of Office.--There is established in the
Commission the Office of Nuclear Security and Incident Response.
``(c) Director.--
``(1) Appointment.--The Commission may appoint and
terminate a Director of Nuclear Security and Incident Response
to head the Office.
``(2) Duties.--The Director shall perform any duties
delegated by the Commission to the Director, including--
``(A) carrying out security, safeguards, and
incident responses relating to--
``(i) any facility licensed or certified
under this Act;
``(ii) any property owned or in the
possession of a Commission licensee or
certificate holder that--
``(I) is significant to the common
defense and security; or
``(II) is being transported to or
from a facility described in clause
(i); and
``(iii) any other activity of a Commission
licensee or certificate holder, subject to the
requirements of this Act, that is significant
to the common defense and security;
``(B) for a facility or material licensed or
certified under the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.)--
``(i) developing contingency plans for
dealing with threats, thefts, and sabotage; and
``(ii) monitoring, reviewing, and
evaluating security and safeguards;
``(C) recommending upgrades to internal accounting
systems for special nuclear and other materials
licensed or certified under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.);
``(D) developing and recommending standards and
amendments to the standards of the Commission relating
to the duties described in subparagraphs (A) through
(C); and
``(E) carrying out any other safeguards and
physical security functions that the Commission
determines to be appropriate.
``(3) Consultation.--In carrying out the duties under
paragraph (2), the Director shall, to the maximum extent
practicable, consult and coordinate with--
``(A) other officers of the Commission; and
``(B) other Federal agencies.
``(d) Security Response Unit.--
``(1) Establishment.--There is established in the Office
the Security Response Unit.
``(2) Head of unit.--The Unit shall be headed by an
Assistant Director for Security Response.
``(3) Mock terrorist team.--The personnel of the Unit shall
include a mock terrorist team comprised of--
``(A) a number of individuals, consistent with the
threat, who have advanced knowledge of special weapons
and tactics comparable to special operations forces of
the Armed Forces;
``(B) nuclear engineers, as appropriate;
``(C) individuals with knowledge of the operations
of the sensitive nuclear facility who are capable of
actively disrupting the normal operations of the
sensitive nuclear facility; and
``(D) any other individual that the Commission
determines should be a member of the mock terrorist
team.
``(4) Security response evaluations.--
``(A) In general.--Not later than 1 year after the
date of enactment of this section, the Commission shall
establish a security response evaluation program to
assess the ability of each sensitive nuclear facility
to defend against the threats in accordance with the
security plan for the sensitive nuclear facility.
``(B) Frequency of evaluations.--Not less than once
every 3 years, the Commission shall conduct and
document security response evaluations at each
sensitive nuclear facility to assess the ability of the
private security force, in cooperation with the
antiterrorism team, at the sensitive nuclear facility
to defend against the threat.
``(C) Security exemption.--The Commission may
suspend activities under this section if the Commission
determines that the security response evaluations would
compromise security at any sensitive nuclear facility
in accordance with a heightened threat level.
``(D) Activities.--The security response evaluation
shall include force-on-force exercises by the mock
terrorist team against the sensitive nuclear facility
that simulate air, water, and land assaults, as
appropriate.
``(E) Performance criteria.--The Commission shall
establish performance criteria for judging the security
response evaluations.
``(F) Corrective action.--
``(i) In general.--When any of the
performance criteria established under
subparagraph (E) are not satisfied--
``(I) the licensee shall promptly
correct any defects in performance
identified by the Commission in the
security response evaluation; and
``(II) the Commission shall conduct
an additional security response
evaluation within 6 months to confirm
that the licensee satisfies the
performance criteria established under
subparagraph (E).
``(ii) 2 consecutive failures to satisfy
all performance criteria.--
``(I) In general.--If a sensitive
nuclear facility fails to satisfy the
performance criteria established under
subparagraph (E) in 2 consecutive
security response evaluations, the
Commission shall issue an order
specifying the corrective actions that
must be taken by the licensee of the
sensitive nuclear facility.
``(II) Failure to take corrective
action.--If the licensee of a sensitive
nuclear facility does not take the
corrective action specified by the
Commission within 30 days after the
date of issuance of an order under
subclause (I), the Commission shall
assess a civil penalty under section
234.
``(G) Reports.--Not less often than once every
year, the Commission shall submit to Congress and the
President a report, in classified form and unclassified
form, that describes the results of each security
response evaluation under this paragraph for the
previous year.
``(e) Emergency Response Exercises.--
``(1) In general.--Not less than once every 2 years, the
Commission, in coordination with the Director of the Federal
Emergency Management Agency, shall conduct emergency response
exercises to evaluate the ability of Federal, State, and local
emergency response personnel to respond to a radiological
emergency at the sensitive nuclear facility in accordance with
the emergency response plans.
``(2) Activities.--The emergency response exercises shall
evaluate--
``(A) the response capabilities, response times,
and coordination and communication capabilities of the
response personnel;
``(B) the effectiveness and adequacy of emergency
response and evacuation plans; and
``(C) the availability of potassium iodide or other
prophylactic medicines.
``(3) Revision of emergency response plans.--The Commission
shall ensure that the emergency response plan for a sensitive
nuclear facility is revised to correct for any deficiencies
identified by an evaluation under this subsection.
``(4) Reports.--Not less than once every year, the
Commission shall submit to the President and Congress a report,
in classified form and unclassified form, that describes--
``(A) the results of each emergency response
exercise under this subsection conducted in the
previous year; and
``(B) each revision of an emergency response plan
made under paragraph (3) for the previous year.
``(f) Effect.--Nothing in this section limits any authority of the
Department of Energy relating to the safe operation of facilities under
the jurisdiction of the Department.''.
(b) Conforming Amendments.--Title II of the Energy Reorganization
Act of 1974 is amended--
(1) in section 203(b) (42 U.S.C. 5843(b))--
(A) in paragraph (1), by striking ``licensing and
regulation involving'' and inserting ``licensing,
regulation, and, except as otherwise provided under
section 212, carrying out safety reviews, safeguards,
and physical security of'' ; and
(B) in paragraph (2), by striking ``and
safeguards''; and
(2) in section 204(b) (42 U.S.C. 5844(b))--
(A) in paragraph (1)--
(i) by striking ``including'' and inserting
``not including''; and
(ii) by striking ``and materials.'' and
inserting ``and materials, to the extent that
the safeguards and security functions are
delegated to the Office of Nuclear Security and
Incident Response under section 212.''; and
(B) in paragraph (2)--
(i) by striking ``and safeguards''; and
(ii) by striking ``, as amended,'' and all
that follows through the period and inserting
``(42 U.S.C. 2011 et seq.)''.
SEC. 5. CARRYING OF WEAPONS BY LICENSEE EMPLOYEES.
Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2201 et seq.) (as amended by section 2(a)) is amended--
(1) in section 161, by striking subsection k. and inserting
the following:
``k. authorize--
``(1) to carry a firearm in the performance of official
duties such of its members, officers, and employees, such of
the employees of its contractors and subcontractors (at any
tier) engaged in the protection of property under the
jurisdiction of the United States located at facilities owned
by or contracted to the United States or being transported to
or from such facilities, and such of the employees of persons
licensed or certified by the Commission (including employees of
contractors of licensees or certificate holders) engaged in the
protection of facilities owned or operated by a Commission
licensee or certificate holder that are designated by the
Commission or in the protection of property of significance to
the common defense and security located at facilities owned or
operated by a Commission licensee or certificate holder or
being transported to or from such facilities, as the Commission
considers necessary, in view of site-specific conditions, in
the interest of the common defense and security; and
``(2) to carry and use any other weapons, devices, or
ammunition in the performance of officials duties, any
employees of persons licensed or certified by the Commission
(including employees of contractors of licensees or certificate
holders) who are trained and qualified as guards and whose duty
is the protection of facilities or property described in
paragraph (1), regardless of whether the employees are Federal,
State, or local law enforcement officers;'' and
(2) by adding at the end the following:
``SEC. 170D. CARRYING OF WEAPONS.
``(a) Authority To Make Arrest.--
``(1) In general.--A person authorized under section 161k.
to carry a firearm, other weapon, device, or ammunition may,
while in the performance of, and in connection with, official
duties, detain or arrest an individual without a warrant for
any offense against the United States committed in the presence
of the person or for any felony under the laws of the United
States if the person has a reasonable ground to believe that
the individual has committed or is committing such a felony.
``(2) Limitation.--An employee of a contractor or
subcontractor or of a Commission licensee or certificate holder
(or a contractor of a licensee or certificate holder)
authorized to make an arrest under paragraph (1) may make an
arrest only after the Commission, licensee, or certificate
holder has applied for and been granted authorization from the
Commission--
``(A) when the individual is within, or is in
flight directly from, the area in which the offense was
committed; and
``(B) in the enforcement of--
``(i) a law regarding the property of the
United States in the custody of the Department
of Energy, the Commission, or a contractor of
the Department of Energy or Commission or a
licensee or certificate holder of the
Commission;
``(ii) a law applicable to facilities owned
or operated by a Commission licensee or
certificate holder that are designated by the
Commission under section 161k.;
``(iii) a law applicable to property of
significance to the common defense and security
that is in the custody of a licensee or
certificate holder or a contractor of a
licensee or certificate holder of the
Commission; or
``(iv) any provision of this Act that
subjects an offender to a fine, imprisonment,
or both.
``(3) Other authority.--The arrest authority conferred by
this section is in addition to any arrest authority under other
law.
``(4) Guidelines--
``(A) In general.--The Secretary and the
Commission, with the approval of the Attorney General,
shall issue guidelines to implement section 161k. and
this subsection.
``(B) Effective date.--The authority to carry and
use weapons, devices, or ammunition provided to
employees described in section 161k.(2) and the
authority provided to those employees under this
subsection shall not be effective until the date on
which guidelines issued under subparagraph (A) become
effective.''.
SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended in the first sentence by inserting ``or subject to the
licensing authority of the Commission or to certification by the
Commission under this Act or any other Act'' before the period at the
end.
SEC. 7. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended--
(1) in the first sentence, by striking ``or who
intentionally and willfully attempts'' and inserting ``or who
attempts or conspires'';
(2) in paragraph (2), by striking ``storage facility'' and
inserting ``storage, treatment, or disposal facility'';
(3) in paragraph (3)--
(A) by striking ``such a utilization facility'' and
inserting ``a utilization facility licensed under this
Act''; and
(B) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by striking ``facility licensed'' and inserting
``or nuclear fuel fabrication facility licensed or
certified''; and
(B) by striking the period at the end and inserting
``; or''; and
(5) by inserting after paragraph (4) the following:
``(5) any production, utilization, waste storage, waste
treatment, waste disposal, uranium enrichment, or nuclear fuel
fabrication facility subject to licensing or certification
under this Act during construction of the facility, if the
destruction or damage caused or attempted to be caused could
adversely affect public health and safety during the operation
of the facility;''.
SEC. 8. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General and the Nuclear Regulatory Commission shall submit to
Congress a report that assesses the adequacy of the criminal
enforcement provisions in chapter 18 of the Atomic Energy Act of 1954
(42 U.S.C. 221 et seq.).
SEC. 9. PROTECTION OF WHISTLEBLOWERS.
Section 211(a)(2) of the Energy Reorganization Act (42 U.S.C. 5851)
is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) a contractor or subcontractor of the
Commission.''.
SEC. 10. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents of the Atomic Energy Act of 1954 (42 U.S.C.
prec. 2011) is amended--
(1) by inserting after the item relating to section 149
the following:
``Sec. 149A. Access to nuclear facilities.'';
and
(2) by adding at the end of the item relating to chapter 14
the following:
``Sec. 170B. Uranium supply.
``Sec. 170C. Protection of sensitive nuclear facilities.
``Sec. 170D. Carrying of weapons.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out the amendments made by this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S160)
Read twice and referred to the Committee on Environment and Public Works.
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