[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 156 Reported in Senate (RS)]
Calendar No. 422
108th CONGRESS
1st Session
S. 156
[Report No. 108-218]
To amend the Atomic Energy Act of 1954 to reauthorize the Price-
Anderson provisions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 14, 2003
Mr. Voinovich (for himself, Mr. Inhofe, Mr. Thomas, and Mr. Crapo)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
December 9, 2003
Reported by Mr. Inhofe, with amendments and an amendment to the title
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To amend the Atomic Energy Act of 1954 to reauthorize the Price-
Anderson provisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--PRICE-ANDERSON AMENDMENTS
<DELETED>SECTION 1. </DELETED>SEC. 101. SHORT TITLE.
This <DELETED>Act</DELETED> title may be cited as the ``Price-
Anderson Amendments Act of 2003''.
SEC. 102. MAXIMUM ASSESSMENT.
Section 170b.(1) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(b)(1)) is amended--
(1) in the second proviso of the third sentence--
(A) by striking ``$63,000,000'' and inserting
``$94,000,000''; and
(B) by striking ``$10,000,000 in any 1 year'' and
inserting ``$15,000,000 in any 1 year (subject to
adjustment for inflation under subsection t.)''; and
(2) in subsection t.--
(A) by inserting ``total and annual'' after
``amount of the maximum'';
(B) by striking ``the date of the enactment of the
Price-Anderson Amendments Act of 1988'' and inserting
``July 1, 2001''.
SEC. <DELETED>2.</DELETED> 103. EXTENSION OF INDEMNIFICATION AUTHORITY.
(a) Indemnification of Nuclear Regulatory Commission Licensees.--
Section 170c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is
amended--
(1) in the subsection heading, by striking ``Licenses'' and
inserting ``Licensees''; and
(2) by striking ``August 1, 2002'' each place it appears
and inserting ``August 1, 2012''.
SEC. <DELETED>3.</DELETED> 104. REPORTS.
Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p))
is amended by striking ``August 1, 1998'' and inserting ``August 1,
2008''.
SEC. <DELETED>4.</DELETED> 105. EFFECTIVE DATE.
The amendments made by this <DELETED>Act</DELETED> title take
effect on August 1, 2002.
TITLE II--NUCLEAR INFRASTRUCTURE SECURITY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Nuclear Infrastructure Security
Act of 2003''.
SEC. 202. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is
amended--
(1) by redesignating subsection jj. as subsection ii.; and
(2) by adding at the end the following:
``jj. Designated Nuclear Facility.--The term `designated nuclear
facility' means--
``(1) an operating commercial nuclear power plant; and
``(2) any other facility owned or operated by a licensee or
certificate holder that the Commission determines should be
included within the meaning of the term.
``kk. Private Security Force.--The term `private security force',
with respect to a designated nuclear facility, means personnel hired or
contracted by the licensee or certificate holder of the designated
nuclear facility to provide security at the designated nuclear
facility.''.
SEC. 203. DESIGNATED NUCLEAR FACILITY SECURITY.
(a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following:
``SEC. 170C. PROTECTION OF DESIGNATED NUCLEAR FACILITIES.
``(a) Definitions.--In this section:
``(1) Certificate holder.--The term `certificate holder'
means the holder of a certificate of compliance issued under
section 1701.
``(2) Federal security coordinator.--The term `Federal
security coordinator' means the Federal security coordinator
assigned to a regional office of the Commission.
``(3) Design basis threat.--The term `design basis threat'
means a design basis threat for a designated nuclear facility,
as revised under subsection (c).
``(4) Licensee.--The term `licensee' means the holder of a
license issued by the Commission.
``(b) Security Examination.--
``(1) In general.--The Commission, in coordination with the
Secretary of Homeland Security and in consultation with other
agencies as appropriate, shall examine--
``(A) classification of threats against designated
nuclear facilities as--
``(i) an act falling under the
responsibilities of the Federal Government,
including an act by an enemy of the United
States, whether a foreign government or any
other person; or
``(ii) an act involving a type of risk that
a licensee or certificate holder should be
responsible for guarding against;
``(B) coordination of Federal, State, and local
security efforts for protection of land, water, and
ground access to designated nuclear facilities in the
event of a terrorist attack or attempted terrorist attack;
``(C) the adequacy of emergency planning zones to
protect the public health and safety in the event of a
terrorist attack against a designated nuclear facility;
``(D) the adequacy and coordination of Federal,
State, and local emergency planning, evacuation, and
other measures to protect the public health and safety
in the event of a terrorist attack against a designated
nuclear facility;
``(E) the system of threat levels, consistent with
the Homeland Security Advisory System used to
categorize the threats against a designated nuclear
facility, including--
``(i) procedures to ensure coordinated
Federal, State, and local responses to changing
threat levels for designated nuclear
facilities;
``(ii) monitoring of threats against
designated nuclear facilities; and
``(iii) procedures to notify licensees and
certificate holders of a designated nuclear
facility of changes in threat levels;
``(F) the development, implementation, and revision
of security plans for designated nuclear facilities;
``(G) the hiring and training standards for members
of private security forces at designated nuclear
facilities;
``(H) the coordination of Federal resources to
expedite and improve the process of performing
background checks on employees with access to
designated nuclear facilities; and
``(I) the creation by the Secretary of Homeland
Security of a program to provide technical assistance
and training for the National Guard, State law
enforcement agencies, and local law enforcement
agencies to respond, as appropriate, to threats against
a designated nuclear facility, including
recommendations for the establishment of a grant
program to assist State and local governments in
carrying out any recommended actions under this
section.
``(2) Report.--Not later than 1 year after completion of
the security examination under paragraph (1), the Commission
and the Secretary of Homeland Security shall submit to the
President and Congress, in classified and unclassified form, a
report with recommendations and findings.
``(c) Revision of Design Basis Threats.--
``(1) In general.--Not later than 180 days after completion
of the security examination under subsection (b), the
Commission shall by regulation revise the design basis threats
promulgated before the date of enactment of this section as the
Commission determines to be appropriate based on the security
examination.
``(2) Protection of safeguards information.--In
promulgating any regulations under this subsection, the
Commission shall ensure protection of safeguards information in
accordance with section 147.
``(d) Threat Levels.--Not later than 150 days after the date of
submission of the report under subsection (b)(2), the Commission shall
establish a system for the determination of multiple threat levels to
describe the threat conditions at designated nuclear facilities.
``(e) Security Plans.--
``(1) In general.--Not later than 1 year after the date on
which the Commission revises the design basis threats under
subsection (c)(1), the Commission shall require each licensee
or certificate holder of a designated nuclear facility to--
``(A) revise the security plan to ensure that the
designated nuclear facility protects against the
appropriate design basis threats; and
``(B) submit the security plan to the Commission
for review.
``(2) Review schedule.--The Commission shall establish a
priority schedule for conducting reviews of security plans
based on the proximity of the designated nuclear facility to
large population areas.
``(3) Upgrades to security.--The Commission shall ensure
that the licensee or certificate holder of each designated
nuclear facility makes any changes to security and the security
plan required from the Commission review on a schedule
established by the Commission, but not to exceed 18 months
after completion of review.
``(f) Emergency Response Plans.--
``(1) In general.--Not later than 21 months after the date
of enactment of this section, the Commission shall review, in
consultation with the Secretary of Homeland Security, the
emergency response plans for each designated nuclear facility
to ensure that each emergency response plan provides protection
for persons in the emergency response planning zone.
``(2) Aspects of review.--The Commission shall ensure that
each emergency response plan provides, as appropriate to the
type of designated nuclear facility, for--
``(A) the protection of public health and safety,
including the ability to implement protective measures;
``(B) clear definition and assignment of
responsibilities of emergency response personnel;
``(C) notification procedures;
``(D) communication and coordination among
emergency response personnel;
``(E) dissemination of information to the public,
both prior to, and in the event of, a radiological
emergency;
``(F) adequate emergency facilities and equipment
at and around the designated nuclear facility;
``(G) the use of methods, systems, and equipment
for assessing and monitoring actual or potential
impacts of a radiological emergency;
``(H) a range of protective actions for the public;
``(I) means for controlling radiological exposures
for emergency response personnel;
``(J) appropriate medical services for contaminated
individuals;
``(K) general plans for recovery and reentry; and
``(L) radiological emergency response training.
``(3) Schedule.--The Commission shall establish a priority
schedule for conducting reviews of emergency response plans for
designated nuclear facilities based on the proximity of such
facilities to large population areas.
``(4) Upgrades to emergency response plan.--The Commission
shall ensure that the licensee or certificate holder of each
designated nuclear facility revises, as necessary, the
emergency response plan for review by the Commission on a
schedule established by the Commission.
``(g) Training Program.--
``(1) In general.--Not later than 1 year after submission
of the report under subsection (b)(2), the President shall
establish, based on and consistent with the findings and
recommendations contained in the report submitted under
subsection (b)(2), a program to provide technical assistance
and training for the National Guard and State and local law
enforcement agencies in responding to threats against a
designated nuclear facility.
``(2) Grants.--The President may provide grants to State
and local governments to assist in carrying out this section.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(h) Employee Security.--
``(1) Review.--Not later than 180 days after the date of
enactment of this section, the Commission shall review and
update as appropriate the access and training standards for
employees of a designated nuclear facility.
``(2) Disqualification of individuals who present national
security risks.--The Commission shall establish qualifications
and procedures, in addition to fingerprinting for criminal
history record checks conducted under section 149, to ensure
that no individual who presents a threat to national security
is employed at a designated nuclear facility.
``(i) Federal Security Coordinators.--
``(1) Regional offices.--Not later than 180 days after the
date of enactment of this section, the Commission shall assign
a Federal security coordinator, under the employment of the
Commission, to each region of the Commission.
``(2) Responsibilities.--The Federal security coordinator
shall be responsible for--
``(A) communicating with the Commission and other
Federal, State, and local authorities concerning
threats, including threats against a designated nuclear
facility;
``(B) ensuring that a designated nuclear facility
maintains security consistent with the security plan in
accordance with the appropriate threat level; and
``(C) assisting in the coordination of security
measures among--
``(i) the private security force at a
designated nuclear facility; and
``(ii) Federal, State, and local
authorities, as appropriate.
``(j) Classified Information.--Nothing in this section supersedes
any law (including a regulation) governing the disclosure of classified
information or safeguards information.''.
(b) Fingerprinting for Criminal History Record Checks.--Section 149
of the Atomic Energy Act of 1954 (42 U.S.C. 2169) is amended--
(1) in subsection a.--
(A) by striking ``a. The Nuclear'' and all that
follows through ``section 147.'' and inserting the
following:
``a. In General.--
``(1) Requirements.--The Commission shall require--
``(A) each licensee, certificate holder, or
applicant for a license or certificate to operate a
utilization facility under section 103 or 104(b); and
``(B) each licensee or applicant for a license to
possess or use radioactive material or other property
subject to regulation by the Commission that the
Commission determines to be of such significance to the
public health and safety or the common defense and
security as to warrant fingerprinting and background
checks;
to fingerprint each individual who is permitted unescorted
access to the facility, radioactive material, or other property
or is permitted access to safeguards information under section
147.'';
(B) by striking ``All fingerprints'' and inserting
the following:
``(2) Submission to the attorney general.--All
fingerprints'';
(C) by striking ``The costs'' and inserting the
following;
``(3) Costs.--The costs'';
(D) by striking ``Notwithstanding'' and inserting
the following:
``(4) Provision to licensee, certificate holder, or
applicant.--Notwithstanding''; and
(E) by striking ``licensee or applicant'' each
place it appears and inserting ``licensee, certificate
holder, or applicant for a licensee or certificate'';
(2) in subsection c., by striking ``, subject to public
notice and comment, regulations'' and inserting
``requirements'';
(3) by redesignating subsection d. as subsection e.; and
(4) by inserting after subsection c. the following:
``d. Use of Other Biometric Methods.--Any requirement for a person
to conduct fingerprinting under this section may be satisfied by using
any other biometric method used for identification by the Attorney
General.''.
SEC. 204. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
(a) In General.--Title II of the Energy Reorganization Act of 1974
(42 U.S.C. 5841 et seq.) is amended by adding at the end the following:
``SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
``(a) Definitions.--In this section:
``(1) Certificate holder.--The term `certificate holder'
has the meaning given the term in section 170C(a) of the Atomic
Energy Act of 1954.
``(2) Designated nuclear facility.--The term `designated
nuclear facility' has the meaning given the term in section 11
of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
``(3) Director.--The term `Director' means the Director of
Nuclear Security and Incident Response appointed under
subsection (c).
``(4) Licensee.--The term `licensee' has the meaning given
the term in section 170C(a) of the Atomic Energy Act of 1954.
``(5) Office.--The term `Office' means the Office of
Nuclear Security and Incident Response established by
subsection (b).
``(b) Establishment of Office.--There is established in the
Commission the Office of Nuclear Security and Incident Response.
``(c) Director.--
``(1) Appointment.--The Commission may appoint and
terminate a Director of Nuclear Security and Incident Response
to head the Office.
``(2) Duties.--
``(A) In general.--The Director shall perform such
functions as the Commission delegates to the Director.
``(B) Functions.--The functions delegated to the
Director may include--
``(i) carrying out security, safeguards,
and incident responses relating to--
``(I) any facility owned or
operated by a Commission licensee or
certificate holder;
``(II) any property owned or in the
possession of a licensee or certificate
holder that--
``(aa) is significant to
the common defense and
security; or
``(bb) is being transported
to or from a facility described
in clause (i); and
(III) any other activity of a
licensee or certificate holder, subject
to the requirements of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et
seq.), that is significant to the
common defense and security;
``(ii) for a facility or material licensed
under the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.)--
``(I) developing contingency plans
for dealing with threats, thefts, and
sabotage; and
``(II) monitoring, reviewing, and
evaluating security and safeguards;
``(iii) recommending upgrades to internal
accounting systems for special nuclear and
other materials licensed or certified under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.); and
``(iv) developing and recommending
standards and amendments to the standards of
the Commission relating to the duties described
in clauses (i) through (iii); and
``(E) carrying out any other safeguards and
physical security functions and incident response that
the Commission determines to be appropriate.
``(3) Consultation.--In carrying out the duties under
paragraph (2), the Director shall, to the extent practicable,
consult and coordinate with--
``(A) other officers of the Commission; and
``(B) other Federal agencies.
``(d) Security Response Evaluations.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Commission shall establish a
security response evaluation program to assess the ability of
each designated nuclear facility to defend against the threats
in accordance with the security plan for the designated nuclear
facility.
``(2) Frequency of evaluations.--Not less than once every 3
years, the Commission shall conduct and document security
response evaluations at each designated nuclear facility to
assess the ability of the private security force of the
designated nuclear facility to defend against the appropriate
design basis threat.
``(3) Security exemption.--The Commission may suspend
activities under this section if the Commission determines that
the security response evaluations would compromise security at
any designated nuclear facility in accordance with a heightened
threat level.
``(4) Activities.--The security response evaluation shall
include force-on-force exercises that simulate the security
threats consistent with the design basis threat appropriate to
the facility.
``(5) Performance criteria.--The Commission shall establish
performance criteria for judging the security response
evaluations.
``(6) Corrective action.--
``(A) In general.--When any of the performance
criteria established under paragraph (5) are not
satisfied--
``(i) the licensee or certificate holder
shall promptly correct any defects in
performance identified by the Commission in the
security response evaluation; and
``(ii) the Commission shall conduct an
additional security response evaluation within
9 months to confirm that the licensee or
certificate holder satisfies the performance
criteria established under paragraph (5).
``(B) 2 consecutive failures to satisfy performance
criteria.--
``(i) In general.--If a designated nuclear
facility fails to satisfy the performance
criteria established under paragraph (5) in 2
consecutive security response evaluations, the
Commission shall issue an order specifying the
corrective actions that must be taken by the
licensee or certificate holder of the
designated nuclear facility.
``(ii) Failure to take corrective action.--
If the licensee or certificate holder of a
designated nuclear facility does not take the
corrective action specified by the Commission
within 30 days after the date of issuance of an
order under clause (i), and the Commission
determines that the failure could compromise
public health and safety, the Commission shall
assess a civil penalty under section 234.
``(7) Reports.--Not less often than once every year, the
Commission shall submit to Congress and the President a report,
in classified form and unclassified form, that describes the
results of each security response evaluation under this
paragraph for the previous year.
``(e) Emergency Response Exercises.--
``(1) In general.--Not less than once every 2 years, the
Commission, in coordination with the Secretary of Homeland
Security shall observe and evaluate emergency response
exercises to assess the ability of Federal, State, and local
emergency response personnel and emergency response personnel
of a licensee or certificate holder to respond to a
radiological emergency at the designated nuclear facility in
accordance with the emergency response plans.
``(2) Activities.--The emergency response exercises shall
evaluate--
``(A) the response capabilities, response times,
and coordination and communication capabilities of the
response personnel; and
``(B) the effectiveness and adequacy of emergency
response and the ability to take protective actions.
``(3) Plans.--The Commission shall ensure that the
emergency response plan for a designated nuclear facility is
revised to correct for any deficiencies identified by an
evaluation under this subsection.
``(4) Reports.--Not less than once every year, the
Commission shall submit to the President and Congress a report,
in classified form and unclassified form, that describes--
``(A) the results of each emergency response
exercise under this subsection conducted in the
previous year; and
``(B) each revision of an emergency response plan
made under paragraph (3) for the previous year.
``(f) Effect.--Nothing in this section limits any authority of the
Department of Energy relating to the safe operation of facilities under
the jurisdiction of the Department.''.
(b) Conforming Amendments.--Title II of the Energy Reorganization
Act of 1974 is amended--
(1) in section 203(b) (42 U.S.C. 5843(b))--
(A) in paragraph (1), by striking ``licensing and
regulation involving'' and inserting ``licensing,
regulation, and, except as otherwise provided under
section 212, carrying out safety reviews, safeguards,
and physical security of''; and
(B) in paragraph (2), by striking ``and
safeguards''; and
(2) in section 204(b) (42 U.S.C. 5844(b))--
(A) in paragraph (1)--
(i) by striking ``including'' and inserting
``not including''; and
(ii) by striking ``and materials.'' and
inserting ``and materials, to the extent that
the safeguards and security functions are
delegated to the Office of Nuclear Security and
Incident Response under section 212.''.
(B) in paragraph (2)--
(i) by striking ``and safeguards''; and
(ii) by striking ``, as amended,'' and all
that follows through the period and inserting
``(42 U.S.C. 2011 et seq.)''.
SEC. 205. CARRYING OF WEAPONS BY LICENSEE EMPLOYEES.
Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2201 et seq.) (as amended by section 203(a)) is amended--
(1) in section 161, by striking subsection k. and inserting
the following:
``k. authorize--
``(1) to carry and use a firearm in the performance of
official duties such of its members, officers, and employees,
such of the employees of its contractors and subcontractors (at
any tier) engaged in the protection of property under the
jurisdiction of the United States located at facilities owned by or
contracted to the United States or being transported to or from such
facilities, and such of the employees of persons licensed or certified
by the Commission (including employees of contractors of licensees or
certificate holders) engaged in the protection of facilities owned or
operated by a Commission licensee or certificate holder that are
designated by the Commission or in the protection of property of
significance to the common defense and security located at facilities
owned or operated by a Commission licensee or certificate holder or
being transported to or from such facilities, as the Commission
considers necessary, in view of site-specific conditions, in the
interest of the common defense and security; and
``(2) to carry and use any other weapons, devices, or
ammunition in the performance of official duties, any employees
of persons licensed or certified by the Commission (including
employees of contractors of licensees or certificate holders)
who are trained and qualified as guards and whose duty is the
protection of facilities or property described in paragraph
(1), regardless of whether the employees are Federal, State, or
local law enforcement officers;''; and
(2) by adding at the end the following:
``SEC. 170D. CARRYING OF WEAPONS.
``(a) Authority To Make Arrest.--
``(1) In general.--A person authorized under section 161k.
to carry and use a firearm, other weapon, device, or ammunition
may, while in the performance of, and in connection with,
official duties, detain or arrest an individual without a
warrant for any offense against the United States committed in
the presence of the person or for any felony under the laws of
the United States if the person has a reasonable ground to
believe that the individual has committed or is committing such
a felony.
``(2) Limitation.--An employee of a contractor or
subcontractor or of a Commission licensee or certificate holder
(or a contractor of a licensee or certificate holder)
authorized to make an arrest under paragraph (1) may make an
arrest only after the Commission, licensee, or certificate
holder has applied for and been granted authorization from the
Commission--
``(A) when the individual is within, or is in
flight directly from, the area in which the offense was
or is being committed; and
``(B) in the enforcement of--
``(i) a law regarding the property of the
United States in the custody of the Department
of Energy, the Commission, or a contractor of
the Department of Energy or Commission or a
licensee or certificate holder of the
Commission;
``(ii) a law applicable to facilities owned
or operated by a Commission licensee or
certificate holder that are designated by the
Commission under section 161k.;
``(iii) a law applicable to property of
significance to the common defense and security
that is in the custody of a licensee or
certificate holder or a contractor of a
licensee or certificate holder of the
Commission; or
``(iv) any provision of this Act that
subjects an offender to a fine, imprisonment,
or both.
``(3) Other authority.--The arrest authority conferred by
this section is in addition to any arrest authority under other
law.
``(4) Guidelines.--
``(A) In general.--The Secretary and the
Commission, with the approval of the Attorney General,
shall issue guidelines to implement section 161k. and
this subsection.
``(B) Effective date.--The authority to carry and
use weapons, devices, or ammunition provided to
employees described in section 161k.(2) and the
authority provided to those employees under this
subsection shall not be effective until the date on
which guidelines issued under subparagraph (A) become
effective.''.
SEC. 206. SENSITIVE RADIOACTIVE MATERIAL SECURITY.
Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et
seq.) (as amended by section 205) is amended by adding at the end the
following:
``SEC. 170E. SENSITIVE RADIOACTIVE MATERIAL SECURITY.
``(a) Definitions.--In this section:
``(1) Sensitive radioactive material.--
``(A) In general.--The term `sensitive radioactive
material' means--
``(i) a material--
``(I) that is a source material,
by-product material, or special nuclear
material; or
``(II) that is any other
radioactive material (regardless of
whether the material is or has been
licensed or otherwise regulated under
this Act) produced or made radioactive
before or after the date of enactment
of this section; and
``(ii) that is in such a form or quantity
or concentration that the Commission determines
should be classified as `sensitive radioactive
material' that warrants improved security and
protection against loss, theft, or sabotage.
``(B) Exclusion.--The term `sensitive radioactive
material' does not include nuclear fuel or spent
nuclear fuel.
``(2) Security threat.--The term `security threat' means--
``(A) a threat of sabotage or theft of sensitive
radioactive material;
``(B) a threat of use of sensitive radioactive
material in a radiological dispersal device; and
``(C) any other threat of terrorist or other
criminal activity involving sensitive radioactive
material that could harm the health or safety of the
public due primarily to radiological properties of the
sensitive radioactive material, as determined by the
Commission.
``(b) Duties.--
``(1) In general.--The Commission, in consultation with
Secretary of Homeland Security, Secretary of Energy, Director
of Central Intelligence, Director of the Federal Bureau of
Investigation, Director of the Customs Service, and
Administrator of the Environmental Protection Agency, shall--
``(A) evaluate the security of sensitive
radioactive material against security threats; and
``(B) recommend administrative and legislative
actions to be taken to provide an acceptable level of
security against security threats.
``(2) Considerations.--In carrying out paragraph (1), the
Commission shall consider actions, as appropriate to--
``(A) determine the radioactive materials that
should be classified as sensitive radioactive
materials;
``(B) develop a classification system for sensitive
radioactive materials that--
``(i) is based on the potential for use by
terrorists of sensitive radioactive material
and the extent of the threat to public health
and safety posed by that potential; and
``(ii) takes into account--
``(I) radioactivity levels of
sensitive radioactive material;
``(II) the dispersibility of
sensitive radioactive material;
``(III) the chemical and material
form of sensitive radioactive material;
and
``(IV) other appropriate factors;
``(C) develop a national system for recovery of
sensitive radioactive material that is lost or stolen,
taking into account the classification system
established under subparagraph (B);
``(D) provide for the storage of sensitive
radioactive material that is not currently in use in a
safe and secure manner;
``(E) develop a national tracking system for
sensitive radioactive material, taking into account the
classification system established under subparagraph
(B);
``(F) develop methods to ensure the return or
proper disposal of sensitive radioactive material;
``(G) consider export controls on sensitive
radioactive materials so that, to the extent feasible,
exports from the United States of sensitive radioactive
materials are made to foreign recipients that are
willing and able to control the sensitive radioactive
materials in a manner similar to the manner in which
recipients in the United States control such sensitive
radioactive material; and
``(H) establish procedures to improve the security
of sensitive radioactive material in use,
transportation, and storage.
``(3) Procedures to improve security.--The procedures to
improve the security of sensitive radioactive material under
paragraph (2)(H) may include--
``(A) periodic audits or inspections by the
Commission to ensure that sensitive radioactive
material is properly secured and can be fully accounted
for;
``(B) evaluation by the Commission of security
measures taken by persons that possess sensitive
radioactive material;
``(C) imposition of increased fines for violations
of regulations relating to security and safety measures
applicable to persons that possess sensitive
radioactive material;
``(D) conduct of background checks on individuals
with access to sensitive radioactive material;
``(E) measures to ensure the physical security of
facilities in which sensitive radioactive material is
stored; and
``(F) screening of shipments of sensitive
radioactive material to facilities that are
particularly at risk for sabotage to ensure that the
shipments do not contain explosives.
``(c) Report.--Not later than 1 year after the date of enactment of
this section, and not less frequently than once every 3 years
thereafter, the Commission shall submit to the President and Congress a
report in unclassified form (with a classified annex, if necessary)
describing the administrative and legislative actions recommended under
subsection (b)(1).
``(d) Administrative Action.--Not later than 60 days after the date
of submission of the report under subsection (c), the Commission shall
take such actions as are appropriate to--
``(1) revise the system for licensing sensitive radioactive
materials; and
``(2) delegate the authority of the Commission to implement
regulator programs and requirements to States that enter into
agreements with the Commission to perform inspections and other
functions on a cooperative basis as the Commission considers
appropriate.''.
SEC. 207. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended in the first sentence by inserting ``or subject to the
licensing authority of the Commission or to certification by the
Commission under this Act or any other Act'' before the period at the
end.
SEC. 208. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended--
(1) in the first sentence, by striking ``or who
intentionally and willfully attempts'' and inserting ``or who
attempts or conspires'';
(2) in paragraph (2), by striking ``storage facility'' and
inserting ``storage, treatment, or disposal facility'';
(3) in paragraph (3)--
(A) by striking ``such a utilization facility'' and
inserting ``a utilization facility licensed under this
Act''; and
(B) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by striking ``facility licensed'' and inserting
``uranium conversion or nuclear fuel fabrication
facility licensed or certified''; and
(B) by striking the period at the end and inserting
``; or''; and
(5) by inserting after paragraph (4) the following:
``(5) any production, utilization, waste storage, waste
treatment, waste disposal, uranium enrichment, or nuclear fuel
fabrication facility subject to licensing or certification
under this Act during construction of the facility, if the
destruction or damage caused or attempted to be caused could
adversely affect public health and safety during the operation
of the facility;''.
SEC. 209. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General and the Nuclear Regulatory Commission shall submit to
Congress a report that assesses the adequacy of the criminal
enforcement provisions in chapter 18 of the Atomic Energy Act of 1954
(42 U.S.C. 221 et seq.).
SEC. 210. PROTECTION OF WHISTLEBLOWERS.
Section 211(a)(2) of the Energy Reorganization Act (42 U.S.C. 5851)
is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) a contractor or subcontractor of the
Commission.''.
SEC. 211. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents of the Atomic Energy Act of 1954 (42 U.S.C.
prec. 2011) is amended by adding at the end of the items relating to
chapter 14 the following:
``Sec. 170B. Uranium supply.
``Sec. 170C. Protection of designated nuclear facilities.
``Sec. 170D. Carrying of weapons.
``Sec. 170E. Sensitive radioactive material security.''.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out the amendments made by this title.
(b) No Recovery Through Fees.--Notwithstanding any other provision
of law, amounts appropriated to the Nuclear Regulatory Commission to
carry out the amendments made by this title for any fiscal year may not
be recovered through fees charged by the Nuclear Regulatory Commission.
TITLE III--MISCELLANEOUS
SEC. 301. TREATMENT OF NUCLEAR REACTOR FINANCIAL OBLIGATIONS.
Section 523 of title 11, United States Code, is amended by adding
at the end the following:
``(f) Treatment of Nuclear Reactor Financial Obligations.--
Notwithstanding any other provision of this title--
``(1) any funds or other assets held by a licensee or
former licensee of the Nuclear Regulatory Commission, or by any
other person, to satisfy the responsibility of the licensee,
former licensee, or any other person to comply with a
regulation or order of the Nuclear Regulatory Commission
governing the decontamination and decommissioning of a nuclear
power reactor licensed under section 103 or 104b. of the Atomic
Energy Act of 1954 (42 U.S.C. 2133, 2134(b)) shall not be used
to satisfy the claim of any creditor in any proceeding under
this title, other than a claim resulting from an activity
undertaken to satisfy that responsibility, until the
decontamination and decommissioning of the nuclear power
reactor is completed to the satisfaction of the Nuclear
Regulatory Commission;
``(2) obligations of licensees, former licensees, or any
other person to use funds or other assets to satisfy a
responsibility described in paragraph (1) may not be rejected,
avoided, or discharged in any proceeding under this title or in
any liquidation, reorganization, receivership, or other
insolvency proceeding under Federal or State law; and
``(3) private insurance premiums and standard deferred
premiums held and maintained in accordance with section 170b.
of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)) shall not
be used to satisfy the claim of any creditor in any proceeding
under this title, until the indemnification agreement executed
in accordance with section 170c. of that Act (42 U.S.C.
2210(c)) is terminated.''.
SEC. 302. MEDICAL ISOTOPE PRODUCTION.
Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is
amended--
(1) in subsection a., by striking ``a. The Commission'' and
inserting ``a. In General.--Except as provided in subsection
b., the Commission'';
(2) by redesignating subsection b. as subsection c.;
(3) by inserting after subsection a. the following:
``b. Medical Isotope Production.--
``(1) In general.--The Commission may issue a license
authorizing the export (including shipment to and use at
intermediate and ultimate consignees specified in the license)
to a recipient country of highly enriched uranium for medical
isotope production if, in addition to any other requirements of
this Act (except subsection a.), the Commission determines
that--
``(A) a recipient country that supplies an
assurance letter to the United States Government in
connection with the consideration by the Commission of
the export license application has informed the United
States Government that any intermediate consignees and
the ultimate consignee specified in the application are
required to use the highly enriched uranium solely to
produce medical isotopes; and
``(B) the highly enriched uranium for medical
isotope production will be irradiated only in a reactor
in a recipient country that--
``(i) uses an alternative nuclear reactor
fuel; or
``(ii) is the subject of an agreement with
the United States Government to convert to an
alternative nuclear reactor fuel when
alternative nuclear reactor fuel can be used in
the reactor.
``(2) Exports to other countries.--The Commission may
specify, by rulemaking or decision in connection with an export
license application, that a country other than a recipient
country may receive exports of highly enriched uranium for
medical isotope production in accordance with the same criteria
established under paragraph (1) for exports to a recipient
country if the Commission determines that the other country--
``(A) is a party to the Treaty on the
Nonproliferation of Nuclear Weapons done at Washington,
London, and Moscow July 1, 1968 (21 UST 483) and the
Convention on the Physical Protection of Nuclear
Materials done at Vienna October 26, 1979 (TIAS 11080);
and
``(B) will receive the highly enriched uranium
under an agreement with the United States concerning
peaceful uses of nuclear energy.
``(3) Review of physical protection requirements.--
``(A) In general.--The Commission shall review the
adequacy of physical protection requirements that, as
of the date of an application under paragraph (1), are
applicable to the transportation of highly enriched
uranium for medical isotope production.
``(B) Imposition of additional requirements.--If
the Commission determines that additional physical
protection requirements are necessary (including a
limit on the quantity of highly enriched uranium that
may be contained in a single shipment), the Commission
shall impose such requirements as license conditions or
through other appropriate means.''; and
(4) in subsection c. (as redesignated by paragraph (1))--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) the term `highly enriched uranium for medical isotope
production' means highly enriched uranium contained in, or for
use in, a target to be irradiated for the sole purpose of
producing medical isotopes;
``(5) the term `medical isotope' means a radioactive
isotope (including Molybdenum 99, Iodine 131, and Xenon 133)
that is used--
``(A) to produce a radiopharmaceutical for
diagnostic or therapeutic procedures on patients; or
``(B) in connection with research and development
of radiopharmaceuticals;
``(6) the term `radiopharmaceutical' means a radioactive
isotope that--
``(A) contains byproduct material combined with
chemical or biological material; and
``(B) is designed to accumulate temporarily in a
part of the body, for therapeutic purposes or for
enabling the production of a useful image of the
appropriate body organ or function for use in diagnosis
of medical conditions; and
``(7) the term `recipient country' means Canada, Belgium,
France, Germany, and the Netherlands.''.
Amend the title so as to read: ``A bill to amend the Atomic
Energy Act of 1954 to reauthorize the Price-Anderson
provisions, to provide for the security of commercial nuclear
power plants and facilities designated by the Nuclear
Regulatory Commission, and for other purposes.''.
Calendar No. 422
108th CONGRESS
1st Session
S. 156
[Report No. 108-218]
_______________________________________________________________________
A BILL
To amend the Atomic Energy Act of 1954 to reauthorize the Price-
Anderson provisions.
_______________________________________________________________________
December 9, 2003
Reported with amendments and an amendment to the title