S.Amdt. 1428

1. Adds Subtitle D--Nuclear Infrastructure Security SEC. 436. DEFINITIONS on page 145, between lines 18 and 19

   Adds a sectionPrinted page

   Inserted: Subtitle D--Nuclear Infrastructure Security SEC. 436. DEFINITIONS.

   Inserted: Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended--

   Inserted: (1) by redesignating subsection jj. as subsection ii.; and

   Inserted: (2) by adding at the end the following:

   Inserted: "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).

   Inserted: "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.".

   Inserted: SEC. 436A. DESIGNATED NUCLEAR FACILITY SECURITY.

   Inserted: (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:

   Inserted: "SEC. 170C. PROTECTION OF DESIGNATED NUCLEAR FACILITIES.

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Certificate holder.--The term 'certificate holder' means the holder of a certificate of compliance issued by the Commission under this Act.

   Inserted: "(2) Federal security coordinator.--The term 'Federal security coordinator' means a Federal security coordinator as assigned under this Act.

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   Inserted: "(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.

   Inserted: "(4) Licensee.--The term 'licensee' means the holder of a license issued by the Commission.

   Inserted: "(b) Classes of Designated Nuclear Facility.--

   Inserted: "(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.

   Inserted: "(2) Classification.--The Commission shall classify facilities licensed by the Commission or issued a certificate by the Commission, including--

   Inserted: "(A) commercial nuclear power plants;

   Inserted: "(B) independent spent fuel storage installations;

   Inserted: "(C) decommissioned nuclear power plants;

   Inserted: "(D) fuel processing facilities;

   Inserted: "(E) gaseous diffusion facilities; and

   Inserted: "(F) any other facility that the Commission determines should be classified as a designated nuclear facility.

   Inserted: "(3) Factors.--In determining whether to classify a facility as a designated nuclear facility, the Commission shall consider--

   Inserted: "(A) the nature or type of facility;

   Inserted: "(B) the nature or type of potential radiological release from the facility; and

   Inserted: "(C) other factors relating to protecting public health and safety, the environment, and the common defense and security.

   Inserted: "(c) Security Examination.--

   Inserted: "(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--

   Inserted: "(A) potential threats to nuclear facilities, as appropriate, including consideration of--

   Inserted: "(i) threats comparable to the events of September 11, 2001;

   Inserted: "(ii) cyber threats, chemical threats, and biological threats;

   Inserted: "(iii) attacks on nuclear facilities by multiple coordinated teams of a large number of individuals;

   Inserted: "(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;

   Inserted: "(v) attacks by individuals willing to commit suicide to carry out the attacks;

   Inserted: "(vi) intrusions originating from water or from the air; and

   Inserted: "(vii) fire, especially fire of a long duration;

   Inserted: "(B) classification of threats against nuclear facilities, as appropriate, as--

   Inserted: "(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;

   Inserted: "(ii) a type of threat falling under the responsibility of a State or local government; or

   Inserted: "(iii) a type of threat the defense against which should be the responsibility of a licensee or certificate holder;

   Inserted: "(C) the national security response capability, including--

   Inserted: "(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;

   Inserted: "(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

   Inserted: "(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;

   Inserted: "(D) coordination of Federal, State, and local security efforts to protect against terrorist or other criminal attacks at nuclear facilities, as appropriate;

   Inserted: "(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--

   Inserted: "(i) matters relating to the adequacy of emergency planning zones;

   Inserted: "(ii) matters relating to the adequacy and coordination of Federal, State, and local emergency planning and other measures; and

   Inserted: "(iii) matters relating to the adequacy of security plans for those nuclear facilities;

   Inserted: "(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--

   Inserted: "(i) procedures to ensure coordinated Federal, State, and local responses to changing threat levels for those nuclear facilities;

   Inserted: "(ii) monitoring of threats against those nuclear facilities; and

   Inserted: "(iii) procedures to notify licensees and certificate holders of those nuclear facilities of changes in threat levels;

   Inserted: "(H) the hiring and training standards for members of private security forces at nuclear facilities, as appropriate;

   Inserted: "(I) the coordination of Federal resources to expedite and improve the process of conducting background checks under section 149;

   Inserted: "(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

   Inserted: "(K) options for protecting spent fuel storage areas, such as dry cask storage, and associated infrastructure.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(d) Revision of Design Basis Threats.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(3) Protection of safeguards information.--

   Inserted: "(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.

   Inserted: "(B) Effect of section.--Nothing in this section supersedes any law governing the disclosure of classified information or safeguards information.

   Inserted: "(C) Reports to congress on withheld information.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(1) such classes of designated nuclear facility as the Commission determines to be appropriate; and

   Inserted: "(2) materials subject to this Act as designated by the Commission.

   Inserted: "(f) Security Plans.--

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(B) submit the security plan to the Commission for review.

   Inserted: "(2) Review schedule.--The Commission shall establish a priority schedule for conducting reviews of security plans based on--

   Inserted: "(A) the proximity of the designated nuclear facility to large population areas; and

   Inserted: "(B) other critical factors identified by the Commission.

   Inserted: "(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.

   Inserted: "(g) Emergency Response Plans and Preparedness.--

   Inserted: "(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--

   Inserted: "(A) are adequate to protect public health and safety;

   Inserted: "(B) provide reasonable assurance that the plans can and will be implemented; and

   Inserted: "(C) provide reasonable assurance that adequate protective measures can and will be taken in the event of such an emergency.

   Inserted: "(2) Requirements.--At a minimum, the updated requirements applicable to a designated nuclear facility under paragraph (1) shall provide for--

   Inserted: "(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;

   Inserted: "(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;

   Inserted: "(C) methods and procedures for prompt communication and coordination among emergency response organizations and personnel and the public;

   Inserted: "(D) dissemination of information to the public, including pre-emergency education on a periodic basis and in the event of an actual emergency;

   Inserted: "(E) adequate emergency facilities and equipment at and around the designated nuclear facility;

   Inserted: "(F) the use of appropriate methods, systems, and equipment for assessing and monitoring actual and potential impacts of an emergency, including a radiological emergency;

   Inserted: "(G) a range of protective actions for the public, including appropriate evacuation and sheltering and the prophylactic use of potassium iodide;

   Inserted: "(H) means for controlling radiological exposures and other hazardous exposures;

   Inserted: "(I) appropriate medical services;

   Inserted: "(J) recovery and reentry plans; and

   Inserted: "(K) radiological emergency response training.

   Inserted: "(3) Factors.--The updated requirements under paragraph (1) shall address relevant factors, including--

   Inserted: "(A) population density, topography, land characteristics, access routes, and jurisdictional boundaries;

   Inserted: "(B) unique aspects of an emergency resulting from a terrorist attack;

   Inserted: "(C) available technology and technical innovations; and

   Inserted: "(D) other factors, as determined by the Commission or the Secretary of Homeland Security.

   Inserted: "(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--

   Inserted: "(A) local governments;

   Inserted: "(B) large employers;

   Inserted: "(C) facilities such as schools, hospitals, nursing homes, and prisons;

   Inserted: "(D) advocacy groups; and

   Inserted: "(E) other interested groups and individuals near a designated nuclear facility.

   Inserted: "(5) Regulations.--

   Inserted: "(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).

   Inserted: "(B) Effective date.--The regulations shall take effect not later than 90 days after the date of promulgation.

   Inserted: "(6) Reviews.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(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.

   Inserted: "(h) Employee Security.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(i) Federal Security Coordinators.--

   Inserted: "(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.

   Inserted: "(2) Responsibilities.--The Federal security coordinator shall be responsible for--

   Inserted: "(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;

   Inserted: "(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

   Inserted: "(C) assisting in the coordination of security measures among--

   Inserted: "(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

   Inserted: "(ii) Federal, State, and local authorities, as appropriate.

   Inserted: "(3) Additional federal security coordinators.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(j) National Security Capability.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(3) Capabilities.--

   Inserted: "(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).

   Inserted: "(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.

   Inserted: "(4) Training program.--

   Inserted: "(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.

   Inserted: "(B) Grants.--The President may provide grants to State and local governments to assist in carrying out subparagraph (A).

   Inserted: "(5) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.

   Inserted: "(k) Classified Information.--Nothing in this section supersedes any law governing the disclosure of classified information or safeguards information.".

   Inserted: (b) Fingerprinting for Criminal History Record Checks.--Section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) is amended--

   Inserted: (1) in subsection a.--

   Inserted: (A) by striking "a. The Nuclear" and all that follows through "section 147." and inserting the following:

   Inserted: "a. In General.--

   Inserted: "(1) Requirements.--

   Inserted: "(A) In general.--The Commission shall require--

   Inserted: "(i) each licensee, certificate holder, or applicant for a license or certificate to operate a utilization facility under section 103 or 104(b); and

   Inserted: "(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;

   Inserted: to fingerprint each individual described in subparagraph (B).

   Inserted: "(B) Individuals required to be fingerprinted.--The Commission shall require to be fingerprinted each individual who--

   Inserted: "(i) is permitted unescorted access to--

   Inserted: "(I) a utilization facility; or

   Inserted: "(II) radioactive material or other property identified by the Commission under subparagraph (A)(ii); or

   Inserted: "(ii) is permitted access to safeguards information under section 147.";

   Inserted: (B) by striking "All fingerprints" and inserting the following:

   Inserted: "(2) Submission to the attorney general.--All fingerprints";

   Inserted: (C) by striking "The costs" and inserting the following;

   Inserted: "(3) Costs.--The costs";

   Inserted: (D) by striking "Notwithstanding" and inserting the following:

   Inserted: "(4) Provision to licensee, certificate holder, or applicant.--Notwithstanding"; and

   Inserted: (E) by striking "licensee or applicant" each place it appears and inserting "licensee, certificate holder, or applicant for a license or certificate";

   Inserted: (2) by redesignating subsection d. as subsection e.; and

   Inserted: (3) by inserting after subsection c. the following:

   Inserted: "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.".

   Inserted: SEC. 436B. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

   Inserted: (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:

   Inserted: "SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Certificate holder.--The term 'certificate holder' has the meaning given the term in section 170C(a) of the Atomic Energy Act of 1954.

   Inserted: "(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).

   Inserted: "(3) Director.--The term 'Director' means the Director of Nuclear Security and Incident Response appointed under subsection (c) to head the Office.

   Inserted: "(4) Licensee.--The term 'licensee' has the meaning given the term in section 170C(a) of the Atomic Energy Act of 1954.

   Inserted: "(5) Office.--The term 'Office' means the Office of Nuclear Security and Incident Response established by subsection (b).

   Inserted: "(b) Establishment of Office.--There is established in the Commission the Office of Nuclear Security and Incident Response.

   Inserted: "(c) Director.--

   Inserted: "(1) Appointment.--The Commission may appoint and remove from office a Director of Nuclear Security and Incident Response.

   Inserted: "(2) Duties.--

   Inserted: "(A) In general.--The Director shall perform such functions as the Commission delegates to the Director.

   Inserted: "(B) Functions.--The functions delegated to the Director may include--

   Inserted: "(i) carrying out security, safeguards, and incident responses relating to--

   Inserted: "(I) any facility subject to the jurisdiction of the Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);

   Inserted: "(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--

   Inserted: "(aa) is significant to the common defense and security; or

   Inserted: "(bb) is being transported to or from a facility described in clause (i); and

   Inserted: "(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;

   Inserted: "(ii) for a facility or material licensed or certified under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)--

   Inserted: "(I) developing contingency plans for dealing with threats, thefts, and sabotage; and

   Inserted: "(II) monitoring, reviewing, and evaluating security and safeguards;

   Inserted: "(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

   Inserted: "(iv) developing and recommending standards and amendments to the standards of the Commission relating to the duties described in clauses (i) through (iii); and

   Inserted: "(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.

   Inserted: "(3) Consultation.--In carrying out the duties under paragraph (2), the Director shall, to the extent practicable, consult and coordinate with other Federal agencies.

   Inserted: "(d) Security Response Evaluations.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(5) Performance criteria.--The Commission shall establish performance criteria for judging the security response evaluations.

   Inserted: "(6) Corrective action.--

   Inserted: "(A) In general.--When any of the performance criteria established under paragraph (5) are not satisfied--

   Inserted: "(i) the licensee or certificate holder shall promptly correct any defects in performance identified by the Commission in the security response evaluation; and

   Inserted: "(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).

   Inserted: "(B) 2 consecutive failures to satisfy performance criteria.--

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(C) Effect.--Nothing in this paragraph limits any enforcement authority of the Commission to take action in response to deficiencies identified through security evaluations.

   Inserted: "(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.

   Inserted: "(e) Emergency Response Exercises.--

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(B) there is reasonable assurance that--

   Inserted: "(i) those plans and capabilities can and will be implemented; and

   Inserted: "(ii) adequate protective measures can and will be taken in the event of an emergency.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(A) response times and capabilities;

   Inserted: "(B) coordination and communication among response personnel and organizations;

   Inserted: "(C) emergency equipment, public notification systems, and communications networks;

   Inserted: "(D) feasible evacuation of individuals; and

   Inserted: "(E) other matters determined by the Commission or the Secretary of Homeland Security.

   Inserted: "(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--

   Inserted: "(A) fast-breaking events that occur with little or no warning;

   Inserted: "(B) radiological releases of significant magnitude;

   Inserted: "(C) significant spontaneous evacuations;

   Inserted: "(D) significant shadow evacuations;

   Inserted: "(E) terrorist attacks; and

   Inserted: "(F) other scenarios determined by the Commission or the Secretary of Homeland Security.

   Inserted: "(6) Deficiencies.--

   Inserted: "(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).

   Inserted: "(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--

   Inserted: "(i) ensure adequate protection of public health and safety; and

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(A) the results of each exercise evaluated in the previous year; and

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (b) Conforming Amendments.--Title II of the Energy Reorganization Act of 1974 is amended--

   Inserted: (1) in section 203(b) (42 U.S.C. 5843(b))--

   Inserted: (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

   Inserted: (B) in paragraph (2), by striking "and safeguards"; and

   Inserted: (2) in section 204(b) (42 U.S.C. 5844(b))--

   Inserted: (A) in paragraph (1)--

   Inserted: (i) by striking "including" and inserting "not including"; and

   Inserted: (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.";

   Inserted: (B) in paragraph (2)--

   Inserted: (i) by striking "and safeguards"; and

   Inserted: (ii) by striking ", as amended," and all that follows through the period and inserting "(42 U.S.C. 2011 et seq.)".

   Inserted: SEC. 436C. GUARDING OF NUCLEAR FACILITIES, EQUIPMENT, AND MATERIAL.

   Inserted: (a) Transporting of Short-Barreled Shotgun or Rifle.--Section 922 of title 18, United States Code, is amended--

   Inserted: (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 authorized under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.),"; and

   Inserted: (2) in subsection (o)(2)--

   Inserted: (A) in subparagraph (A), by striking "or" at the end;

   Inserted: (B) in subparagraph (B), by striking the period at the end and inserting "; or"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(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.).".

   Inserted: (b) Authorization for Importation of Firearm or Ammunition.--Section 925(d)(1) of title 18, United States Code, is amended--

   Inserted: (1) by inserting "(A)" before "is being"; and

   Inserted: (2) by inserting after the semicolon the following: "or

   Inserted: "(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;".

   Inserted: (c) Interstate Transportation of Firearms.--Section 926A of title 18, United States Code, is amended--

   Inserted: (1) by striking "Notwithstanding" and inserting the following:

   Inserted: "(a) In General.--Notwithstanding"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(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.).".

   Inserted: (d) Importation of Firearms.--Section 5844 of the Internal Revenue Code of 1986 (26 U.S.C. 5844) is amended--

   Inserted: (1) in paragraph (2), by striking "or" at the end;

   Inserted: (2) in paragraph (3), by inserting "or" after the semicolon; and

   Inserted: (3) by inserting after paragraph (3) the following:

   Inserted: "(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;".

   Inserted: (e) Semiautomatic Assault Weapons; Large Capacity Ammunition Feeding Devices.--Section 922 of title 18, United States Code, is amended--

   Inserted: (1) in subsection (v)(4)(B)--

   Inserted: (A) by inserting "or certificate holder" after "licensee" each place that term appears;

   Inserted: (B) by inserting "or certificate holder-authorized" after "licensee-authorized"; and

   Inserted: (C) by inserting "or equipment" after "materials"; and

   Inserted: (2) in subsection (w)(3)(B)--

   Inserted: (A) by inserting "or certificate holder" after "licensee" each place that term appears;

   Inserted: (B) by inserting "or certificate holder-authorized" after "licensee-authorized"; and

   Inserted: (C) by inserting "or equipment" after "materials".

   Inserted: SEC. 436D. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

   Inserted: Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section 436A) is amended by adding at the end the following:

   Inserted: "SEC. 170D. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Sensitive radioactive material.--

   Inserted: "(A) In general.--The term 'sensitive radioactive material' means--

   Inserted: "(i) a material--

   Inserted: "(I) that is a source material, by-product material, or special nuclear material; or

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(B) Exclusion.--The term 'sensitive radioactive material' does not include nuclear fuel or spent nuclear fuel.

   Inserted: "(2) Security threat.--The term 'security threat' means--

   Inserted: "(A) a threat of sabotage or theft of sensitive radioactive material;

   Inserted: "(B) a threat of use of sensitive radioactive material in a radiological dispersal device; and

   Inserted: "(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.

   Inserted: "(b) Duties.--

   Inserted: "(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--

   Inserted: "(A) evaluate the security of sensitive radioactive material against security threats; and

   Inserted: "(B) recommend administrative and legislative actions to be taken to provide an acceptable level of security against security threats.

   Inserted: "(2) Considerations.--In carrying out paragraph (1), the Commission shall consider actions, as appropriate to--

   Inserted: "(A) determine the radioactive materials that should be classified as sensitive radioactive materials;

   Inserted: "(B) develop a classification system for sensitive radioactive materials that--

   Inserted: "(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

   Inserted: "(ii) takes into account--

   Inserted: "(I) radioactivity levels of sensitive radioactive material;

   Inserted: "(II) the dispersibility of sensitive radioactive material;

   Inserted: "(III) the chemical and material form of sensitive radioactive material;

   Inserted: "(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

   Inserted: "(V) other appropriate factors;

   Inserted: "(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);

   Inserted: "(D) provide for the storage of sensitive radioactive material that is not currently in use in a safe and secure manner;

   Inserted: "(E) develop a national tracking system for sensitive radioactive material, taking into account the classification system established under subparagraph (B);

   Inserted: "(F) develop methods to ensure the return or proper disposal of sensitive radioactive material;

   Inserted: "(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 not inimical to the common defense and security of the United States; and

   Inserted: "(H) establish procedures to improve the security of sensitive radioactive material in use, transportation, and storage.

   Inserted: "(3) Procedures to improve security.--The procedures to improve the security of sensitive radioactive material under paragraph (2)(H) may include--

   Inserted: "(A) periodic audits or inspections by the Commission to ensure that sensitive radioactive material is properly secured and can be fully accounted for;

   Inserted: "(B) evaluation by the Commission of security measures taken by persons that possess sensitive radioactive material;

   Inserted: "(C) imposition of increased fines for violations of regulations relating to security and safety measures applicable to persons that possess sensitive radioactive material;

   Inserted: "(D) conduct of background checks on individuals with access to sensitive radioactive material;

   Inserted: "(E) measures to ensure the physical security of facilities in which sensitive radioactive material is stored; and

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(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--

   Inserted: "(1) revise the system for licensing sensitive radioactive materials; and

   Inserted: "(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.".

   Inserted: SEC. 436E. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

   Inserted: 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.

   Inserted: SEC. 436F. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

   Inserted: Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended--

   Inserted: (1) in the first sentence, by striking "or who intentionally and willfully attempts" and inserting "or who attempts or conspires";

   Inserted: (2) in paragraph (2), by striking "storage facility" and inserting "storage, treatment, or disposal facility";

   Inserted: (3) in paragraph (3)--

   Inserted: (A) by striking "such a utilization facility" and inserting "a utilization facility licensed under this Act"; and

   Inserted: (B) by striking "or" at the end;

   Inserted: (4) in paragraph (4)--

   Inserted: (A) by striking "facility licensed" and inserting "uranium conversion or nuclear fuel fabrication facility licensed or certified"; and

   Inserted: (B) by striking the period at the end and inserting a semicolon; and

   Inserted: (5) by inserting after paragraph (4) the following:

   Inserted: "(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;

   Inserted: "(6) any primary facility or backup facility from which a radiological emergency preparedness alert and warning system is activated; or

   Inserted: "(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;".

   Inserted: SEC. 436G. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.

   Inserted: 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.).

   Inserted: SEC. 436H. PROTECTION OF WHISTLEBLOWERS.

   Inserted: Section 211(a)(2) of the Energy Reorganization Act (42 U.S.C. 5851) is amended--

   Inserted: (1) in subparagraph (C), by striking "and" at the end;

   Inserted: (2) in subparagraph (D), by striking the period at the end and inserting "; and"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(E) a contractor or subcontractor of the Commission.".

   Inserted: SEC. 436I. TECHNICAL AND CONFORMING AMENDMENT.

   Inserted: 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:

   Inserted: "Sec.

   Inserted: "170B. Uranium supply.

   Inserted: "170C. Protection of designated nuclear facilities.102. Section 102 head.

   Inserted: "170D. Sensitive radioactive material security.".

   Inserted: SEC. 436J. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: (a) In General.--There are authorized to be appropriated such sums as are necessary to carry out the amendments made by this title.

   Inserted: (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--

   Inserted: (1) in clause (i), by striking "and" at the end;

   Inserted: (2) in clause (ii), by striking the period at the end and inserting "; and" and

   Inserted: (3) by adding at the end the following:

   Inserted: "(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.".

   Original wording

   On page 145, between lines 18 and 19, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed