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[Senate Report 109-98]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 152
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-98

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

 
                      NUCLEAR SECURITY ACT OF 2005

                                _______
                                

                  July 1, 2005.--Ordered to be printed

                                _______
                                

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

                                 REPORT

                         [to accompany S. 864]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 864) to amend the Atomic Energy Act of 1954 
to modify provisions relating to nuclear safety and security, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.

                    General Statement and Background

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

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

    There are 103 commercial nuclear power reactors licensed to 
operate by the NRC in 31 States. Additionally, NRC has 
regulatory responsibility over seven fuel fabrication and 
production facilities; two gaseous diffusion uranium enrichment 
facilities; and 14 other facilities that possess significant 
quantities of special nuclear material (other than reactors) or 
process source material (other than uranium enrichment 
facilities). The NRC also administers approximately 5,000 
licenses for medical, academic and industrial uses of nuclear 
materials; and has agreements under which States will 
administer approximately 16,000 additional such licenses.
    Following the events of September 11th, the NRC took 
immediate action to respond to heightened threat levels and 
concerns. It undertook intensive consultation with other 
Federal entities, including the Federal Bureau of 
Investigation, the Office of Homeland Security (and 
subsequently the Department of Homeland Security), the 
Department of Defense, the Federal Aviation Administration and 
others to evaluate general and specific threats to NRC licensed 
facilities, and to coordinate planning and responsive actions. 
The NRC has consulted with Governors regarding the deployment 
of State assets, including the National Guard. Since that time, 
the NRC has issued a series of Orders directing licensees to 
enhance security at nuclear facilities (see below).

         Required licensees to conduct vehicle checks 
at greater stand-off distances (February 2002)
         Required more security officers, patrols, and 
checkpoints (February 2002)
         Improved coordination with law enforcement and 
intelligence communities (February 2002)
         Required capability to respond to large 
explosions or fires (February 2002)
         Enhanced site access controls for personnel 
(January 2003)
         Required additional physical barriers 
(February 2002 and April 2003)
         Strengthened training and qualification 
programs for security force personnel (April 2003)
         Modified work hour limits for security 
personnel and updated procedures for evaluating security force 
fatigue (April 2003)
         Increased physical security to defend against 
a more challenging terrorist threat supplemented the Design 
Basis Threat (April 2003)
         Enhanced security for spent fuel storage (May 
and October 2002)

    The Commission has also issued security orders for 
decommissioning power reactors, fuel cycle facilities, spent 
fuel facilities, possession and shipment of spent fuel, and for 
irradiators possessing byproduct material in sealed sources.
    The committee has worked closely with the NRC to monitor 
changing circumstances and to oversee activities of the NRC and 
its licensees.

                     Objectives of the Legislation

    The Nuclear Security Act of 2005 (s. 864), which was 
introduced by Senators Inhofe and Voinovich on April 20, 2005, 
is an important step in ensuring protection of the public 
against potential terrorist activities against commercial 
nuclear facilities or potential theft of nuclear materials. S. 
864 is a continuation of the committee's efforts to address 
nuclear security issues. In every Congress since 1999, the 
committee has reported legislation that contained vital 
security authorities for the NRC. During the 108th Congress, 
the committee unanimously reported S. 1043, the Nuclear 
Infrastructure Security Act. This legislation would have 
authorized a comprehensive assessment of potential security 
threats and required the NRC to implement measures to address 
those threats. While S. 1043 bill did not become law, the 
committee strongly commends the NRC for acting to implement 
virtually all of the provisions of the bill that could be done 
administratively. S. 864 recognizes the administrative actions 
taken by the NRC and seeks to fill in the remaining gaps in 
authority that prevent the NRC from taking further action. This 
bill also takes additional steps to protect against theft or 
terrorist use of radioactive materials in so-called `dirty 
bombs.'
    The committee has taken extensive testimony, both 
classified and unclassified, on the issues involved in securing 
the nation's nuclear facilities. In developing this 
legislation, the committee has worked with industry, public 
interest groups, private security guards employed at nuclear 
facilities, and members of the public. This legislation 
represents a carefully considered, bipartisan response to the 
threat that U.S. nuclear resources would be employed as weapons 
of destruction.

                      Section-by-Section Analysis

Sec. 1. Short title; table of contents.
    This Act may be cited as the ``Nuclear Security Act of 
2005''.
Sec. 2. Definition of Commission.
    The term ``Commission'' means the Nuclear Regulatory 
Commission.

                  TITLE I--NUCLEAR SAFETY AND SECURITY

Sec. 101. General provisions.
    Each previously specified authority of the Commission under 
Section 161 of the Atomic Energy Act (42 U.S.C. 2201) would be 
prefaced by the phrase ``In carrying out the duties of the 
Commission, the Commission may''.
Sec. 102. Use of firearms by security personnel.
    This section adds a new subsection 161A(a) to the Atomic 
Energy Act of 1954 to define the types of firearms that may be 
used by security personnel at a nuclear facility. Such firearms 
include: a handgun, a rifle or shotgun, a short-barreled 
shotgun, a short-barreled rifle, a machine gun, a semiautomatic 
assault weapon, and associated ammunition and ammunition 
feeding devices.
    A new subsection 161A(b) authorizes security personnel of 
licensees and certificate holders of the Nuclear Regulatory 
Commission (including employees of contractors of licensees and 
certificate holders) to transfer, receive, possess, transport, 
import, and use 1 or more of those weapons, ammunition, or 
devices defined in the previous section to effectively protect 
facilities, equipment, and radioactive materials. The committee 
expects this authority to be exercised primarily on the 
premises of a licensee or certificate holder, or in the 
transport of radioactive material. The committee anticipates 
the Commission will be judicious in exercising its authority to 
allow the use of armed personnel in other venues, and suggests 
this authority not be delegated to licensees or certificate 
holders without prior approval by the Commission.
    The authority provide in this section is notwithstanding 
sections 922(a)(4), 922(a)(5), 922(b)(2), 922(b)(4), 922(o), 
and 925(d)(3) of title 18, United States Code, and section 5844 
of title 26, United States Code, or any provision of any State 
law or any rule or regulation of a State or any political 
subdivision of a State prohibiting the transfer, receipt, 
possession, transportation, importation, or use of a handgun, a 
rifle or shotgun, a short-barreled shotgun, a short-barreled 
rifle, a machine gun, a semiautomatic assault weapon and 
ammunition, or a large capacity ammunition feeding device.
    A new subsection 161A(c) requires that security personnel 
receiving such firearms and ammunition are subject to a 
background check by the U.S. Attorney General. Such a 
background check is required to include fingerprinting and a 
check of the system established under section 103(b) of the 
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) to 
determine whether the individual is prohibited from possessing 
or receiving a firearm under Federal or State law.
Sec. 103. Fingerprinting and criminal history record checks.
    Amends section 149(a) of the Atomic Energy Act of 1954 (42 
U.S.C. 2169(a)) to require that the Nuclear Regulatory 
Commission fingerprint each individual with unescorted access 
to a utilization facility; or radioactive material or other 
property subject to regulation by the Nuclear Regulatory 
Commission that the Nuclear Regulatory 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; or is permitted access to safeguards 
information under section 147.
    Fingerprints obtained would be submitted to the U.S. 
Attorney General, through the Commission, for identification 
and criminal history records checks. The Attorney General may 
provide the results of any search to the Commission. As is also 
the case under current law, the Commission would be authorized 
to provide the results of the identification and criminal 
history records checks (other than information that a 
Government agency has determined should not be made available 
to a licensee, certificate holder, or applicant) to the person 
who conducted the fingerprinting. A decision would then be made 
whether to provide unescorted access, or access to safeguards 
information, to the individual who was the subject of the 
background check.
Sec. 104. Security evaluations; design basis threat rulemaking.
    A new section 170C would be added to the Atomic Energy Act 
of 1954 that would require the Nuclear Regulatory Commission 
conduct security evaluations at each licensed facility at least 
once every 3 years. The security evaluations must include 
force-on-force exercises that simulate security threats, to the 
maximum extent possible, in accordance with the applicable 
design basis threat. Prior to September 11, 2001 similar 
security exercises were conducted approximately once every 6 
years, but the NRC has recently instituted a 3-year schedule--
this section codifies the 3 year requirement. The NRC is 
required to mitigate any potential conflict of interest that 
could influence the results of the force-on-force exercises. 
This section also requires the NRC to ensure that the licensee 
corrects any deficiencies identified by the NRC during the 
security response evaluations. The NRC is also required to 
submit a report at least once per year to the Senate 
Environment and Public Works Committee and House Energy and 
Commerce Committee detailing the results of the security 
evaluations conducted (and any corrective actions taken) during 
the previous year.
    A new section 170D is also added to the Atomic Energy Act 
of 1954 to require the NRC to initiate a rulemaking to revise 
the design basis threat within 90 days of enactment, and any 
newly initiated rulemaking must be completed 18 months after 
that date. In the event that the Commission is engaged in such 
a rulemaking at the time of enactment, the NRC must complete 
any ongoing rulemaking to revise the design basis threat not 
later than 18 months after the date of enactment of this 
section. While the NRC has issued numerous orders to licensees 
to upgrade security, it has yet to initiate a rulemaking to put 
these upgrades into regulation. The NRC has stated that it 
intends to initiate such a rulemaking this summer. This section 
would require such a rulemaking if it has not already been 
initiated prior to enactment.
Sec. 105. Unauthorized introduction of dangerous weapons.
    This section expands subsection 229(a) of the Atomic Energy 
Act to include facilities, installations or real property 
subject to the licensing or certification authority of the 
Commission. This would allow Commission to apply the provisions 
of section 229(a) to NRC licensed or certified activities, 
thereby allowing the Commission to prohibit a person who has 
not obtained prior authorization from carrying, transporting, 
or otherwise introducing or causing to be introduced any 
weapon, explosive, or other dangerous instrumentality into any 
facility, installation or real property regulated or subject to 
certification by the Commission. The committee notes that the 
term ``dangerous weapons'' is left undefined by section 229 
because it is necessary to allow security forces a reasonable 
degree of latitude and flexibility to determine levels of 
threat. The committee expects the clarifying language ``likely 
to produce substantial injury or damage to persons or 
property'' will be applied judiciously, and encourages the 
Commission to consider addressing this point in regulations.
Sec. 106. Sabotage of nuclear facilities, fuel, or designated material.
    This section amends section 236(a) of the Atomic Energy Act 
of 1954 to expand existing Federal criminal sanctions to 
include sabotage or attempted sabotage of any production, 
utilization waste storage, waste treatment, waste disposal, 
uranium enrichment, uranium conversion, nuclear fuel 
fabrication, or primary or critical backup facilities as well 
as sabotage or attempted sabotage during the construction stage 
of those facilities, if the damage could affect public health 
and safety during facility operation.
Sec. 107. Whistleblower protection.
    This section amends section 211(a)(2) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) by extending 
the whistleblower protection to include the Nuclear Regulatory 
Commission employees, contractors, and subcontractors.
    Section 211(b) of the Energy Reorganization Act of 1974 (42 
U.S.C. 5851(b)) is also amended by ensuring that protected 
employees who filed whistleblower discrimination complaints 
with the Secretary of Labor could file Federal lawsuits if the 
Secretary had not issued a final decision within 1 year.
Sec. 108. Office of Nuclear Security and Incident Response.
    This section amends Title II of the Energy Reorganization 
Act of 1974 by adding a new section 212, which establishes an 
Office of Nuclear Security and Incident Response. This new 
section is intended to codify action taken by the Commission in 
April, 2002, that created such an office by administrative 
action. The committee intends this provision to provide this 
office the equivalent statutory status as other Commission 
offices. New subsections 212(a) and 212(b) establish the Office 
of Nuclear Security and Incident Response and provides for the 
appointment of a Director to head the office, and specifies the 
duties of the Director.
Sec. 109. Spent fuel rods and segments.
    The Nuclear Regulatory Commission is required to develop 
uniform guidelines for a materials control and accountability 
program for spent fuel rods no later than 260 days after the 
date of enactment.

                    TITLE II--DIRTY BOMB PREVENTION

Sec. 201. Radiation source protection.
    This section amends Chapter 14 of the Atomic Energy Act of 
1954 (42 U.S.C. 2201 et seq.) to add a new section 170E at the 
end. New subsection 170E(a) defines the terms `radiation 
source'. Subsection 170E(b) requires the Nuclear Regulatory 
Commission to issue regulations to control the international 
import and export of radiation sources in accordance with the 
International Atomic Energy Agency's (IAEA) Code of Conduct for 
Category 1 and 2 sources. Subsection 170E(c) requires the 
Nuclear Regulatory Commission to issue regulations to develop a 
domestic tracking system for discrete radiation sources and any 
other radioactive material that the NRC determines warrants 
protection in the United States. Subsection 170E(d) requires 
the Nuclear Regulatory Commission to impose a civil penalty not 
to exceed $1,000,000 for violating subsection 170E(a) and 
subsection 170E(b). Subsection 170E(e) requires that the 
Nuclear Regulatory Commission enter into an arrangement with 
the National Academy of Sciences to study the industrial, 
research, and commercial uses for radiation sources. Subsection 
170E(f) establishes a task force consisting of several Federal 
agencies in consultation with State and local agencies 
responsible for evaluating, and providing recommendations 
relating to, the security of radiation sources in the United 
States from potential terrorist threats, including acts of 
sabotage, theft, or use of a radiation source in a radiological 
dispersal devise. Subsection 170E(g) requires that the Nuclear 
Regulatory Commission take the necessary actions to address 
recommendations of the task force established in subsection 
170E(f).
Sec. 202. Treatment of accelerator-produced and other radioactive 
        material as byproduct material.
    This section extends current Nuclear Regulatory Commission 
regulatory authority under Section 11(e) of the Atomic Energy 
Act with respect to specifically defined radioactive materials, 
to include discrete sources of radium-226, certain hazardous 
discrete sources of naturally occurring radioactive material 
(NORM), or accelerator-produced radioactive material that are 
produced, extracted, or converted for use in commercial, 
medical, or research activities. The Nuclear Regulatory 
Commission broaden definition also is applied to existing 
agreements between States and the Nuclear Regulatory Commission 
and waste disposal requirements. The Nuclear Regulatory 
Commission is required after consultation with States and other 
stakeholders to issue final regulations within 1 year 
establishing requirements for this section.

                          Legislative History

    On April 20, 2005, Senator Inhofe introduced S. 864, which 
was referred to the Committee on Environment and Public Works. 
On June 8, 2005, the committee ordered S. 864 to be reported 
favorably with an amendment in the nature of a substitute.

                                Hearings

    During the 109th Congress, the Committee on Environment and 
Public Works held two hearings where security issues were 
discussed. On May 17, 2005, the committee held a classified 
(Top Secret) hearing on nuclear security receiving testimony 
from the Nuclear Regulatory Commission. The committee held a 
Nuclear Regulatory Commission oversight hearing on May 26, 
2005, receiving testimony from the Nuclear Regulatory 
Commission; the Government Accountability Office; Marilyn C. 
Kray of NuStart; and Dr. Edwin Lyman representing the Union of 
Concerned Scientists.
    No hearings were held in the 108th Congress on this bill. 
During the 107th Congress, the Committee on Environment and 
Public Works held a hearing on infrastructure security on 
November 1, 2001, receiving testimony from Hon. Michael Brown, 
Deputy Director, Federal Emergency Management Agency; Hon. Joe 
Moravec, Commissioner, Public Building Service, General 
Services Administration; Dr. David Sampson, Assistant Secretary 
for Economic Development, Economic Development Administration, 
U.S. Department of Commerce; Dr. Richard Meserve, Chairman, 
Nuclear Regulatory Commission; Herbert Mitchell, Associate 
Administrator for Disaster Assistance, Small Business 
Administration; and Marianne L. Horinko, Assistant 
Administrator, Office of Solid Waste and Emergency Response, 
Environmental Protection Agency.
    On June 20, 2002, the Committee on Environment and Public 
Works held a classified hearing on nuclear security, receiving 
testimony from Federal Government witnesses. On June 5, 2002, 
the Committee on Environment and Public Works held a hearing to 
receive testimony on S. 1586, a bill to amend the Atomic Energy 
Act of 1954 to authorize the carrying of firearms by employees 
of licensees, and for other purposes, and S. 1746, a bill to 
amend the Atomic Energy Act of 1954 to strengthen security at 
sensitive nuclear facilities. At this hearing the committee 
received testimony from: Hon. Edward J. Markey, U.S. 
Representative from Massaschusetts; Hon. Richard A. Meserve, 
Chairman, Nuclear Regulatory Commission; David Lochbaum, 
Nuclear Safety Engineer, Union of Concerned Scientists, 
Washington, DC; Jack Skolds, Chief Nuclear Officer, Excelon 
Corp., Washington, DC; Danielle Brian, Executive Director, 
Project on Government Oversight, Washington, DC; Donna J. 
Hastie, Emergency Planning Consultant, Marrietta, GA; and Irwin 
Redlener, M.D., F.A.A.P., President, Children's Health Fund, 
New York, NY.

                             Rollcall Votes

    On June 8, 2005, the Committee on Environment and Public 
Works met to consider S. 864. A managers' amendment to the bill 
was offered by the chairman and agreed to by voice vote. Final 
passage of the measure and a motion to report the bill to the 
Senate as amended was agreed to by voice vote.

                      Regulatory Impact Statement

    In compliance of section 11(b) of rule XXVI of the Standing 
Rules of the Senate, the committee finds that S. 864 does not 
create any additional regulatory burdens, nor will it cause any 
adverse impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 864 would 
require fees to be paid to the to the Nuclear Regulatory 
Commission to cover increased costs for security at nuclear 
facilities. The committee does not believe that these costs 
will exceed the annual threshold for intergovermental or 
private-sector mandates, as provided by UMRA.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment Act 
requires each report to contain a statement of the cost of a 
reported bill prepared by the Congressional Budget Office. 
Senate Rule XXVI paragraph 11(a)(3) allows the report to 
include a statement of the reasons why compliance is 
impracticable. The committee has requested this statement from 
the Congressional Budget Office and will publish it in the 
Congressional Record when it becomes available.

                        Changes in Existing Law

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

                       ATOMIC ENERGY ACT OF 1954

                           TABLE OF CONTENTS

                         TITLE I--ATOMIC ENERGY

              Chapter 1. Declaration, Findings, and Purpose

      * * * * * * *

                      Chapter 14. General Authority

Sec. 161. General provisions.
Sec. 162. Contracts.
Sec. 163. Advisory Committees.
Sec. 164. Electric Utility Contracts.
Sec. 165. Contract Practices.
Sec. 166. Comptroller General Audit.
Sec. 167. Claim Settlements.
Sec. 168. Payments in Lieu of Taxes.
Sec. 169. No Subsidy.
Sec. 170. Indemnification and Limitation of Liability.
Sec. 170A. Conflicts of interest relating to contracts and other 
          arrangements.
Sec. 170B. Uranium supply.
Sec. 170C. Security evaluations.
Sec. 170D. Design basis threat rulemaking.
Sec. 170E. Radiation source protection.

           *       *       *       *       *       *       *

             CHAPTER 1. DECLARATION, FINDINGS, AND PURPOSE

    Section 1. Declaration.--Atomic energy is capable of 
application for peaceful as well as military purposes. It is 
therefore declared to be the policy of the United States that--
    a. * * *

           *       *       *       *       *       *       *

    Sec. 11. Definition.--The intent of Congress in the 
definitions as given in this section should be construed from 
the words or phrases used in the definitions. As used in this 
Act:
    a. * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

    Sec. 81. Domestic Distribution.--[No person may]
    a. In General.--No person may transfer or receive in 
interstate commerce, manufacture, produce, transfer, acquire, 
own, possess, import, or export any byproduct material, except 
to the extent authorized by this section, section 82 or section 
84. The Commission is authorized to issue general or specific 
licenses to applicants seeking to use byproduct material for 
research or development purposes, for medical therapy, 
industrial uses, agricultural uses, or such other useful 
applications as may be developed. The Commission may 
distribute, sell, loan, or lease such byproduct material as it 
owns to qualified applicants with or without charge: Provided, 
however, That, for byproduct material to be distributed by the 
Commission for a charge, the Commission shall establish prices 
on such equitable basis as, in the opinion of the Commission, 
(a) will provide reasonable compensation to the Government for 
such material, (b) will not discourage the use of such material 
or the development of sources of supply of such material 
independent of the Commission, and (c) will encourage research 
and development. In distributing such material, the Commission 
shall give preference to applicants proposing to use such 
material either in the conduct of research and development or 
in medical therapy. The Commission shall not permit the 
distribution of any byproduct material to any licensee, and 
shall recall or order the recall of any distributed material 
from any licensee, who is not equipped to observe or who fails 
to observe such safety standards to protect health as may be 
established by the Commission or who uses such material in 
violation of law or regulation of the Commission or in a manner 
other than as disclosed in the application therefor or approved 
by the Commission. The Commission is authorized to establish 
classes of byproduct material and to exempt certain classes or 
quantities of material or kinds of uses or users from the 
requirements for a license set forth in this section when it 
makes a finding that the exemption of such classes or 
quantities of such material or such kinds of uses or users will 
not constitute an unreasonable risk to the common defense and 
security and to the health and safety of the public.
    b. Requirements.--
            (1) In general.--Except as provided in paragraph 
        (2), byproduct material, as defined in paragraphs (3) 
        and (4) of section 11 e., may only be transferred to 
        and disposed of in a disposal facility that--
                    (A) is adequate to protect public health 
                and safety; and
                    (B)(i) is licensed by the Commission; or
                    (ii) is licensed by a State that has 
                entered into an agreement with the Commission 
                under section 274 b., if the licensing 
                requirements of the State are compatible with 
                the licensing requirements of the Commission.
            (2) Effect of subsection.--Nothing in this 
        subsection affects the authority of any entity to 
        dispose of byproduct material, as defined in paragraphs 
        (3) and (4) of section 11 e., at a disposal facility in 
        accordance with any Federal or State solid or hazardous 
        waste law, including the Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq.).
    c. Treatment as Low-level Radioactive Waste.--Byproduct 
material, as defined in paragraphs (3) and (4) of section 11 
e., disposed of under this section shall not be considered to 
be low-level radioactive waste for the purposes of--
            (1) section 2 of the Low-Level Radioactive Waste 
        Policy Act (42 U.S.C. 2021b); or
            (2) carrying out a compact that is--
                    (A) entered into in accordance with that 
                Act (42 U.S.C. 2021b et seq.); and
                    (B) approved by Congress.

           *       *       *       *       *       *       *

    Sec. 149. Fingerprinting for Criminal History Record 
Checks.--
    [a. The Nuclear Regulatory Commission (in this section 
referred to as the ``Commission'') shall require each licensee 
or applicant for a license to operate a utilization facility 
under section 103 or 104 b. to fingerprint each individual who 
is permitted unescorted access to the facility or is permitted 
access to safeguards information under section 147.]
    a.(1)(A)(i) The Commission shall require each individual or 
entity described in clause (ii) to fingerprint each individual 
described in subparagraph (B) before the individual described 
in subparagraph (B) is permitted access under subparagraph (B).
    (ii) The individuals and entities referred to in clause (i) 
are individuals and entities that, on or before the date on 
which an individual is permitted access under subparagraph 
(B)--
            (I) are licensed or certified to engage in an 
        activity subject to regulation by the Commission;
            (II) have filed an application for a license or 
        certificate to engage in an activity subject to 
        regulation by the Commission; or
            (III) have notified the Commission in writing of an 
        intent to file an application for licensing, 
        certification, permitting, or approval of a product or 
        activity subject to regulation by the Commission.
    (B) The Commission shall require to be fingerprinted any 
individual who--
            (i) is permitted unescorted access to--
                    (I) a utilization facility; or
                    (II) 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; or
            (ii) is permitted access to safeguards information 
        under section 147.
    [All fingerprints obtained by a licensee or applicant as 
required in the preceding sentence]
    (2) All fingerprints obtained by an individual or entity as 
required in paragraph (1) shall be submitted to the Attorney 
General of the United States through the Commission for 
identification and a criminal history records check. [The costs 
of any identification and records check conducted pursuant to 
the preceding sentence shall be paid by the licensee or 
applicant.]
    (3) The costs of an identification or records check under 
paragraph (2) shall be paid by the individual or entity 
required to conduct the fingerprinting under paragraph (1)(A). 
[Notwithstanding any other provision of law, the Attorney 
General may provide all the results of the search to the 
Commission, and, in accordance with regulations prescribed 
under this section, the Commission may provide such results to 
the licensee or applicant submitting such fingerprints.]
    (4) Notwithstanding any other provision of law--
            (A) the Attorney General may provide any result of 
        an identification or records check under paragraph (2) 
        to the Commission; and
            (B) the Commission, in accordance with regulations 
        prescribed under this section, may provide the results 
        to the individual or entity required to conduct the 
        fingerprinting under paragraph (1)(A).
    b. The Commission, by rule, may relieve persons from the 
obligations imposed by this section, upon specified terms, 
conditions, and periods, if the Commission finds that such 
action is consistent with its obligations to promote the common 
defense and security and to protect the health and safety of 
the public.
    c. For purposes of administering this section, the 
Commission shall prescribe[, subject to public notice and 
comment, regulations--] requirements--
            (1) to implement procedures for the taking of 
        fingerprints;
            (2) to establish the conditions for use of 
        information received from the Attorney General, in 
        order--
                    (A) to limit the redissemination of such 
                information;
                    (B) to ensure that such information is used 
                solely for the purpose of determining whether 
                an individual shall be permitted [unescorted 
                access to the facility of a licensee or 
                applicant] unescorted access to a utilization 
                facility, radioactive material, or other 
                property described in subsection a.(1)(B) or 
                shall be permitted access to safeguards 
                information under section 147;
                    (C) to ensure that no final determination 
                may be made solely on the basis of information 
                provided under this section involving--
                            (i) an arrest more than 1 year old 
                        for which there is no information of 
                        the disposition of the case; or
                            (ii) an arrest that resulted in 
                        dismissal of the charge or an 
                        acquittal; and
                    (D) to protect individuals subject to 
                fingerprinting under this section from misuse 
                of the criminal history records; and
            (3) to provide each individual subject to 
        fingerprinting under this section with the right to 
        complete, correct, and explain information contained in 
        the criminal history records prior to any final adverse 
        determination.
    d. The Commission may require a person or individual to 
conduct fingerprinting under subsection a.(1) by authorizing or 
requiring the use of any alternative biometric method for 
identification that has been approved by--
            (1) the Attorney General; and
            (2) the Commission, by regulation.
    [d.] (e) (1) The Commission may establish and collect fees 
to process fingerprints and criminal history records under this 
section.
    (2) Notwithstanding section 3302(b) of title 31, United 
States Code, and to the extent approved in appropriation Acts--
            (A) a portion of the amounts collected under this 
        subsection in any fiscal year may be retained and used 
        by the Commission to carry out this section; and
            (B) the remaining portion of the amounts collected 
        under this subsection in such fiscal year may be 
        transferred periodically to the Attorney General and 
        used by the Attorney General to carry out this section.
    (3) Any amount made available for use under paragraph (2) 
shall remain available until expended.

           *       *       *       *       *       *       *

    [Sec. 161. General Provisions.--In the performance of its 
functions the Commission is authorized to--]

SEC. 161. GENERAL PROVISIONS.

    a. In carrying out the duties of the Commission, the 
Commission may establish advisory boards to advise with and 
make recommendations to the Commission on legislation, 
policies, administration, research, and and other matters, 
provided that the Commission issues regulations setting forth 
the scope, procedure, and limitations of the authority of each 
such board[;] .
    b. In carrying out the duties of the Commission, the 
Commission may establish by rule, regulation, or order, such 
standards and instructions to govern the possession and use of 
special nuclear material, source material, and byproduct 
material as the Commission may deem necessary or desirable to 
promote the common defense and security or to protect health or 
to minimize danger to life or property; in addition, the 
Commission shall prescribe such regulations or orders as may be 
necessary or desirable to promote the Nation's common defense 
and security with regard to control, ownership, or possession 
of any equipment or device, or important component part 
especially designed for such equipment or device, capable of 
separating the isotopes of uranium or enriching uranium in the 
isotope 235[;] .
    c. In carrying out the duties of the Commission, the 
Commission may make such studies and investigations, obtain 
such information, and hold such meetings or hearings as the 
Commission may deem necessary or proper assist it in exercising 
any authority provided in this Act, or in the administration or 
enforcement of this Act, or any regulations or orders issued 
thereunder. For such purposes the Commission is authorized to 
administer oaths and affirmations, and by subpena to require 
any person to appear and testify, or to appear and produce 
documents, or both, at any designated place. Witnesses 
subpenaed under this subsection shall be paid the same fees and 
mileage as are paid witnesses in the district courts of the 
United States[;] .
    d. In carrying out the duties of the Commission, the 
Commission may appoint and fix the compensation of such 
officers and employees as may be necessary to carry out the 
functions of the Commission. Such officers and employees shall 
be appointed in accordance with the civil-service laws and 
their compensation fixed in accordance with the Classification 
Act of 1949, as amended, except that, to the extent the 
Commission deems such action necessary to the discharge of its 
responsibilities, personnel may be employed and their 
compensation fixed without regard to such laws: Provided, 
however, That no officer or employee (except such officers and 
employees whose compensation is fixed by law, and scientific 
and technical personnel up to a limit of the highest rate of 
grade 18 of the General Schedule of the Classification Act of 
1949, as amended) whose position would be subject to the 
Classification Act of 1949, as amended, if such Act were 
applicable to such position, shall be paid a salary at a rate 
in excess of the rate payable under such Act for positions of 
equivalent difficulty or responsibility. Such rates of 
compensation may be adopted by the Commission as may be 
authorized by the Classification Act of 1949, as amended, as of 
the same date such rates are authorized for positions subject 
to such Act. The Commission shall make adequate provision for 
administrative review of any determination to dismiss any 
employee[;] .
    e. In carrying out the duties of the Commission, the 
Commission may acquire such material, property, equipment, and 
facilities, establish or construct such buildings and 
facilities, and modify such buildings and facilities from time 
to time, as it may deem necessary, and construct, acquire, 
provide, or arrange for such facilities and services (at 
project sites where such facilities and services are not 
available) for the housing, health, safety, welfare, and 
recreation of personnel employed by the Commission as it may 
deem necessary, subject to the provisions of section 174: 
Provided, however, That in the communities owned by the 
Commission, the Commission is authorized to grant privileges, 
leases, and permits upon adjusted terms which (at the time of 
the initial grant of any privilege grant, lease, or permit, or 
renewal thereof, or in order to avoid inequities or undue 
hardship prior to the sale by the United States of property 
affected by such grant) are fair and reasonable to responsible 
persons to operate commercial businesses without advertising 
and without advertising and without securing competitive bids, 
but taking into consideration, in addition to the price, and 
among other things (1) the quality and type of services 
required by the residents of the community, (2) the experience 
of each concession applicant in the community and its 
surrounding area, (3) the ability of the concession applicant 
to meet the needs of the community, and (4) the contribution 
the concession applicant has made or will make to the other 
activities and general welfare of the community[;] .
    f. In carrying out the duties of the Commission, the 
Commission may with the consent of the agency concerned, 
utilize or employ the services or personnel of any Government 
agency or any State or local government, or voluntary or 
uncompensated personnel, to perform such functions on its 
behalf as may appear desirable[;] .
    g. acquire, purchase, lease, and hold real and personal 
property, including patents, as agent of and on behalf of the 
United States, subject to the provisions of section 174, and to 
sell, lease, grant, and dispose of such real and personal 
property as provided in this Act;
    h. In carrying out the duties of the Commission, the 
Commission may consider in a single application one or more of 
the activities for which a license is required by this Act, 
combine in a single license one or more of such activities, and 
permit the applicant or licensee to incorporate by reference 
pertinent information already filed with the Commission[;] .
    i. In carrying out the duties of the Commission, the 
Commission may prescribe such regulations or orders as it may 
deem necessary (1) to protect Restricted Data received by any 
person in connection with any activity authorized pursuant to 
this Act, (2) to guard against the loss or diversion of any 
special nuclear material acquired by any person pursuant to 
section 53 or produced by any person in connection with any 
activity authorized pursuant to this Act, to prevent any use or 
disposition thereof which the Commission may determine to be 
inimical to the common defense and security, including 
regulations or orders designating activities, involving 
quantities of special nuclear material which in the opinion of 
the Commission are important to the common defense and 
security, that may be conducted only by persons whose 
character, associations, and loyalty shall have been 
investigated under standards and specifications established by 
the Commission and as to whom the Commission shall have 
determined that permitting each such person to conduct the 
activity will not be inimical to the common defense and 
security, and (3) to govern any activity authorized pursuant to 
this Act, including standards and restrictions governing the 
design, location, and operation of facilities used in the 
conduct of such activity, in order to protect health and to 
minimize danger to life or property;
    j. In carrying out the duties of the Commission, the 
Commission may without regard to the provisions of the Federal 
Property and Administrative Services Act of 1949, as amended, 
except section 207 of that Act, or any other law, make such 
disposition as it may deem desirable of (1) radioactive 
materials, and (2) any other property, the special disposition 
of which is, in the opinion of the Commission, in the interest 
of the national security: Provided, however, That the property 
furnished to licensees in accordance with the provisions of 
subsection 161 m. shall not be deemed to be property disposed 
of by the Commission pursuant to this subsection[;] .
    k. authorize such of its members, officers, and employees 
as it deems necessary in the interest of the common defense and 
security to carry firearms while in the discharge of their 
official duties. The Commission may also authorize such of 
those employees of its contractors and subcontractors (at any 
tier) engaged in the protection of property under the 
jurisdiction of the United States and located at facilities 
owned by or contracted to the United States or being 
transported to or from such facilities as it deems necessary in 
the interests of the common defense and security to carry 
firearms while in the discharge of their official duties. A 
person authorized to carry firearms under this subsection may, 
while in the performance of, and in connection with, official 
duties, make arrests without warrant for any offense against 
the United States committed in that person's presence or for 
any felony cognizable under the laws of the United States if 
that person has reasonable grounds to believe that the 
individual to be arrested has committed or is committing such 
felony. An employee of a contractor or subcontractor authorized 
to carry firearms under this subsection may make such arrests 
only when the individual to be arrested is within, or in direct 
flight from, the area of such offense. A person granted 
authority to make arrests by this subsection may exercise that 
authority only in the enforcement of (1) laws regarding the 
property of the United States in the custody of the Department 
of Energy, the Nuclear Regulatory Commission, or a contractor 
of the Department of Energy or Nuclear Regulatory Commission, 
or (2) any provision of this Act that may subject an offender 
to a fine, imprisonment, or both. The arrest authority 
conferred by this subsection is in addition to any arrest 
authority under other laws. The Secretary, with the approval of 
the Attorney General, shall issue guidelines to implement this 
subsection;
    [l. Repealed by Pub. L. 87-456, Sec. 303(c), 76 Stat. 78, 
May 24, 1962.]
    m. In carrying out the duties of the Commission, the 
Commission may enter into agreements with persons licensed 
under Section 103, 104, 53 a. (4), or 63 a. (4) for such 
periods of time as the Commission may deem necessary or 
desirable (1) to provide for the processing, fabricating, 
separating, or refining in facilities owned by the Commission 
of source, byproduct, or other material or special nuclear 
material owned by or made available to such licensees and which 
is utilized or produced in the conduct of the licensed 
activity, and (2) to sell, lease, or otherwise make available 
to such licensees such quantities of source or byproduct 
material, and other material not defined as special nuclear 
material pursuant to this Act, as may be necessary for the 
conduct of the licensed activity: Provided, however, That any 
such agreement may be canceled by the licensee at any time upon 
payment of such reasonable cancellation charges as may be 
agreed upon by the licensee and the Commission: And provided 
further, That the Commission shall establish prices to be paid 
by licensees for material or services to be furnished by the 
Commission pursuant to this subsection, which prices shall be 
established on such a nondiscriminatory basis as, in the 
opinion of the Commission, will provide reasonable compensation 
to the Government for such material or services and will not 
discourage the development of sources of supply independent of 
the Commission[;] .
    n. In carrying out the duties of the Commission, the 
Commission may delegate to the General Manager or other 
officers of the Commission any of those functions assigned to 
it under this Act except those specified in sections 51, 57 b., 
61, 108, 123, 145 b. (with respect to the determination of 
those persons to whom the Commission may reveal Restricted Data 
in the national interest), 145 f., and 161 a.[;] .
    o. In carrying out the duties of the Commission, the 
Commission may require by rule, regulation, or order, such 
reports, and the keeping of such records with respect to, and 
to provide for such inspections of, activities and studies of 
types specified in section 31 and of activities under licenses 
issued pursuant to sections 53, 63, 81, 103, and 104, as may be 
necessary to effectuate the purposes of this Act, including 
section 105[; and] .
    p. In carrying out the duties of the Commission, the 
Commission may make, promulgate, issue, rescind, and amend such 
rules and regulations as may be necessary to carry out the 
purposes of this Act.
    q. The Commission is authorized and empowered, under such 
terms and conditions as are deemed advisable by it, to grant 
easements for rights-of-way over, across, in, an upon acquired 
lands under its jurisdiction and control, and public lands 
permanently withdrawn or reserved for the use of the 
Commission, to any State, political subdivision thereof, or 
municipality, or to any individual, partnership, or corporation 
of any State, Territory, or possession of the United States, 
for (a) railroad tracks; (b) oil pipe lines; (c) substations 
for electric power transmission lines, telephone lines, and 
telegraph lines, and pumping stations for gas, water, sewer, 
and oil pipe lines; (d) canals; (e) ditches; (f) flumes; (g) 
tunnels; (h) dams and reservoirs in connection with fish and 
wildlife programs, fish hatcheries, and other fish-cultural 
improvements; (i) roads and streets; and (j) for any other 
purpose or purposes deemed advisable by the Commission: 
Provided, That such rights-of-way shall be granted only upon a 
finding by the Commission that the same will not be 
incompatible with the public interest: Provided further, That 
such rights-of-way shall not include any more land than is 
reasonably necessary for the purpose for which granted: And 
provided further, That all or any part of such rights-of-way 
may be annulled and forfeited by the Commission for failure to 
comply with the terms and conditions of any grant hereunder or 
for nonuse for a period of two consecutive years or abandonment 
of rights granted under authority hereof. Copies of all 
instruments granting easements over public lands pursuant to 
this section shall be furnished to the Secretary of the 
Interior.
    r. Under such regulations and for such periods and at such 
prices the Commission may prescribe, the Commission may sell or 
contract to sell to purchasers within Commission-owned 
communities or in the immediate vicinity of the Commission 
community, as the case may be, any of the following utilities 
and related services, if it is determined that they are not 
available from another local source and that the sale is in the 
interest of the national defense or in the public interest:
            (1) Electric power.
            (2) Steam.
            (3) Compressed air.
            (4) Water.
            (5) Sewage and garbage disposal.
            (6) Natural, manufactured, or mixed gas.
            (7) Ice.
            (8) Mechanical refrigeration.
            (9) Telephone service.
    Proceeds of sales under this subsection shall be credited 
to the appropriation currently available for the supply of that 
utility or service. To meet local needs the commission may make 
minor expansions and extensions of any distributing system or 
facility within or in the immediate vicinity of a Commission-
owned community through which a utility or service is furnished 
under this subsection.
    s. In carrying out the duties of the Commission, the 
Commission may establish a plan for a succession of authority 
which will assure the continuity of direction of the 
Commission's operations in the event of a national disaster due 
to enemy activity. Notwithstanding any other provision of this 
Act, the person or persons succeeding to command in the event 
of disaster in accordance with the plan established pursuant to 
this subsection shall be vested with all of the authority of 
the Commission: Provided, That any such succession to 
authority, and vesting of authority shall be effective only in 
the event and as long as a quorum of three or more members of 
the Commission is unable to convene and exercise direction 
during the disaster period: Provided further, That the disaster 
period includes the period when attack on the United States is 
imminent and the post-attack period necessary to reestablish 
normal lines of command[;] .
    t. In carrying out the duties of the Commission, the 
Commission may enter into contracts for the processing, 
fabricating, separating, or refining in facilities owned by the 
Commission of source, byproduct or other material, or special 
nuclear material, in accordance with and within the period of 
an agreement for cooperation while comparable services are 
available to persons licensed under section 103 or 104: 
Provided, That the prices for services under such contracts 
shall be no less than the prices currently charged by the 
Commission pursuant to section 161 m.[;]
    u. [(1) enter into] In carrying out the duties of the 
Commission, the Commission may--
            (1) enter into contracts for such periods of time 
        as the Commission may deem necessary or desirable, but 
        not to exceed five years from the date of execution of 
        the contract, for the purchase or acquisition of 
        reactor services or services related to or required by 
        the operation of reactors;
            (2)(A) enter into contracts for such periods of 
        time as the Commission may deem necessary or desirable 
        for the purchase or acquisition of any supplies, 
        equipment, materials, or services required by the 
        Commission whenever the Commission determines that: (i) 
        it is advantageous to the Government to make such 
        purchase or acquisition from commercial sources; (ii) 
        the furnishing of such supplies, equipment, materials, 
        or services will require the construction or 
        acquisition of special facilities by the vendors or 
        suppliers thereof; (iii) the amortization chargeable to 
        the Commission constitutes an appreciable portion of 
        the cost of contract performance, excluding cost of 
        materials; and (iv) the contract for such period is 
        more advantageous to the Government than a similar 
        contract not executed under the authority of this 
        subsection. Such contracts shall be entered into for 
        periods not to exceed five years each from the date of 
        initial delivery of such supplies, equipment, 
        materials, or services or ten years from the date of 
        execution of the contracts excluding periods of renewal 
        under option.
            (B) In entering into such contracts the Commission 
        shall be guided by the following principles: (i) the 
        percentage of the total cost of special facilities 
        devoted to contract performance and chargeable to the 
        Commission should not exceed the ratio between the 
        period of contract deliveries and the anticipated 
        useful life of such special facilities; (ii) the 
        desirability of obtaining options to renew the contract 
        for reasonable periods at prices not to include charges 
        for special facilities already amortized; and (iii) the 
        desirability of reserving in the Commission the right 
        to take title to the special facilities under 
        appropriate circumstances; and
            (3) include in contracts made under this subsection 
        provisions which limit the obligation of funds to 
        estimated annual deliveries and services and the 
        unamortized balance of such amounts due for special 
        facilities as the parties shall agree is chargeable to 
        the performance of the contract. Any appropriation 
        available at the time of termination or thereafter made 
        available to the Commission for operating expenses 
        shall be available for payment of such costs which may 
        arise from termination as the contract may provide. The 
        term ``special facilities'' as used in this subsection 
        means any land, any depreciable buildings, structures, 
        utilities, machinery, equipment, and fixtures necessary 
        for the production or furnishing of such supplies, 
        equipment, materials, or services and not available to 
        the vendors or suppliers for the performance of the 
        contract.
    v. In carrying out the duties of the Commission, the 
Commission may provide services in support of the United States 
Enrichment Corporation, except that the Secretary of Energy 
shall annually collect payments and other charges from the 
Corporation sufficient to ensure recovery of the costs 
(excluding depreciation and imputed interest on original plant 
investments in the Department's gaseous diffusion plants and 
costs under section 1403(d)) incurred by the Department of 
Energy after the date of the enactment of the Energy Policy Act 
of 1992 in performing such services[;] .
    w. In carrying out the duties of the Commission, the 
Commission may prescribe and collect from any other Government 
agency, which applies for or is issued a license for a 
utilization facility designed to produce electrical or heat 
energy pursuant to section 103 or 104 b., or which operates any 
facility regulated or certified under section 1701 or 1702, any 
fee, charge, or price which it may require, in accordance with 
the provisions of section 483a of title 31 of the United States 
Code or any other law, of applicants for, or holders of, such 
licenses or certificates.
    x. [Establish] In carrying out the duties of the 
Commission, the Commission may establish by rule, regulation, 
or order, after public notice, and in accordance with the 
requirements of section 181 of this Act, such standards and 
instructions as the Commission may deem necessary or desirable 
to ensure--
            (1) that an adequate bond, surety, or other final 
        arrangement (as determined by the Commission) will be 
        provided, before termination of any license for 
        byproduct material as defined in section 11 e. (2), by 
        a licensee to permit the completion of all requirements 
        established by the Commission for the decontamination, 
        decommissioning, and reclamation of sites, structures, 
        and equipment used in conjunction with byproduct 
        material as so defined, and
            (2) that--
                    (A) in the case of any such license issued 
                or renewed after the date of the enactment of 
                this subsection, the need for long-term 
                maintenance and monitoring of such sites, 
                structures and equipment of termination of such 
                license will be minimized, and, to the maximum 
                extent practicable, eliminated; and
                    (B) in the case of each license for such 
                material (whether in effect on the date of the 
                enactment of this section or issued or renewed 
                thereafter), if the Commission determines that 
                any such long-term maintenance and monitoring 
                is necessary, the licensee, before termination 
                of any license for byproduct material is 
                defined in section 11 e. (2), will make 
                available such bonding, surety, or other 
                financial arrangements as may be necessary to 
                assure such long-term maintenance and 
                monitoring.
Such standards and instructions promulgated by the Commission 
pursuant to this subsection shall take into account, as 
determined by the Commission, so as to avoid unnecessary 
duplication and expense, performance bonds or other financial 
arrangements which are required by other Federal agencies or 
State agencies and/or other local governing bodies for such 
decommissioning, decontamination, and reclamation and long-term 
maintenance and monitoring except that nothing in this 
paragraph shall be construed to require that the Commission 
accept such bonds or arrangements if the commission determines 
that such bonds or arrangements are not adequate to carry out 
subparagraphs (1) and (2) of this subsection.

SEC. 161A. USE OF FIREARMS BY SECURITY PERSONNEL.

    a. Definitions.--In this section, the terms `handgun', 
`rifle', `shotgun', `firearm', `ammunition', `machinegun', 
`short-barreled shotgun', and `short-barreled rifle' have the 
meanings given the terms in section 921(a) of title 18, United 
States Code.
    b. Authorization.--Notwithstanding subsections (a)(4), 
(a)(5), (b)(2), (b)(4), and (o) of section 922 of title 18, 
United States Code, section 925(d)(3) of title 18, United 
States Code, section 5844 of the Internal Revenue Code of 1986, 
and any law (including regulations) of a State or a political 
subdivision of a State that prohibits the transfer, receipt, 
possession, transportation, importation, or use of a handgun, a 
rifle, a shotgun, a short-barreled shotgun, a short-barreled 
rifle, a machinegun, a semiautomatic assault weapon, ammunition 
for any such gun or weapon, or a large capacity ammunition 
feeding device, in carrying out the duties of the Commission, 
the Commission may authorize the security personnel of any 
licensee or certificate holder of the Commission (including an 
employee of a contractor of such a licensee or certificate 
holder) to transfer, receive, possess, transport, import, and 
use 1 or more such guns, weapons, ammunition, or devices, if 
the Commission determines that--
            (1) the authorization is necessary to the discharge 
        of the official duties of the security personnel; and
            (2) the security personnel--
                    (A) are not otherwise prohibited from 
                possessing or receiving a firearm under Federal 
                or State laws relating to possession of 
                firearms by a certain category of persons;
                    (B) have successfully completed any 
                requirement under this section for training in 
                the use of firearms and tactical maneuvers;
                    (C) are engaged in the protection of--
                            (i) a facility owned or operated by 
                        a licensee or certificate holder of the 
                        Commission that is designated by the 
                        Commission; or
                            (ii) radioactive material or other 
                        property owned or possessed by a 
                        licensee or certificate holder of the 
                        Commission, or that is being 
                        transported to or from a facility owned 
                        or operated by such a licensee or 
                        certificate holder, and that has been 
                        determined by the Commission to be of 
                        significance to the common defense and 
                        security or public health and safety; 
                        and
                    (D) are discharging the official duties of 
                the security personnel in transferring, 
                receiving, possessing, transporting, or 
                importing the weapons, ammunition, or devices.
    c. Background Checks.--A person that receives, possesses, 
transports, imports, or uses a weapon, ammunition, or a device 
under subsection (b) shall be subject to a background check by 
the Attorney General, based on fingerprints and including a 
background check under section 103(b) of the Brady Handgun 
Violence Prevention Act (Public Law 103-159; 18 U.S.C. 922 
note) to determine whether the person is prohibited from 
possessing or receiving a firearm under Federal or State law.
    d. Effective Date.--This section takes effect on the date 
on which guidelines are issued by the Commission, with the 
approval of the Attorney General, to carry out this section.

           *       *       *       *       *       *       *

    Sec. 170A. Conflicts of Interest Relating to Contracts and 
Other Arrangements.--
    a. * * *

           *       *       *       *       *       *       *

SEC. 170C. SECURITY EVALUATIONS.

    a. Security Response Evaluations.--Not less often than once 
every 3 years, the Commission shall conduct security 
evaluations at each licensed facility that is part of a class 
of licensed facilities, as the Commission considers to be 
appropriate to assess the ability of a private security force 
of a licensed facility to defend against any applicable design 
basis threat.
    b. Force-on-Force Exercises.--(1) The security evaluations 
shall include force-on-force exercises.
    (2) The force-on-force exercises shall, to the maximum 
extent practicable, simulate security threats in accordance 
with any design basis threat applicable to a facility.
    (3) In conducting a security evaluation, the Commission 
shall mitigate any potential conflict of interest that could 
influence the results of a force-on-force exercise, as the 
Commission determines to be necessary and appropriate.
    c. Action by Licensees.--The Commission shall ensure that 
an affected licensee corrects any defect in performance 
identified by the Commission in a security response evaluation.
    d. Facilities Under Heightened Threat Levels.--The 
Commission may suspend a security evaluation under this section 
if the Commission determines that the evaluation would 
compromise security at a nuclear facility under a heightened 
threat level.
    e. Report.--Not less often than once each year, the 
Commission shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report, in 
classified form and unclassified form, that describes the 
results of each security response evaluation conducted and any 
relevant corrective action taken by a licensee during the 
previous year.

SEC. 170D. DESIGN BASIS THREAT RULEMAKING.

    The Commission shall--
            (1) not later than 90 days after the date of 
        enactment of this section, initiate a rulemaking 
        proceeding, to be completed not later than 18 months 
        after that date, to revise the design basis threats of 
        the Commission; or
            (2) not later than 18 months after the date of 
        enactment of this section, complete any ongoing 
        rulemaking to revise the design basis threats.

SEC. 170E. RADIATION SOURCE PROTECTION.

    a. Definitions.--In this section:
            (1) Code of conduct.--The term `Code of Conduct' 
        means the code entitled the `Code of Conduct on the 
        Safety and Security of Radioactive Sources', approved 
        by the Board of Governors of the International Atomic 
        Energy Agency and dated September 8, 2003.
            (2) Radiation source.--The term `radiation source' 
        means--
                    (A) a Category 1 Source or a Category 2 
                Source, as defined in the Code of Conduct; and
                    (B) any other material that poses a threat 
                such that the material is subject to this 
                section, as determined by the Commission, by 
                regulation.
    b. Commission Approval.--Not later than 180 days after the 
date of enactment of this section, the Commission shall issue 
regulations prohibiting a person from--
            (1) exporting a radiation source, unless the 
        Commission has specifically determined under section 57 
        or 82, consistent with the Code of Conduct, with 
        respect to the exportation, that--
                    (A) the recipient of the radiation source 
                may receive and possess the radiation source 
                under the laws and regulations of the country 
                of the recipient;
                    (B) the recipient country has the 
                appropriate technical and administrative 
                capability, resources, and regulatory structure 
                to ensure that the radiation source will be 
                managed in a safe and secure manner; and
                    (C) before the date on which the radiation 
                source is shipped--
                            (i) a notification has been 
                        provided to the recipient country; and
                            (ii) a notification has been 
                        received from the recipient country, as 
                        the Commission determines to be 
                        appropriate;
            (2) importing a radiation source, unless the 
        Commission has determined, with respect to the 
        importation, that--
                    (A) the proposed recipient is authorized by 
                law to receive the radiation source; and
                    (B) the shipment will be made in accordance 
                with any applicable Federal or State law or 
                regulation; and
            (3) selling or otherwise transferring ownership of 
        a radiation source, unless the Commission--
                    (A) has determined that the licensee has 
                verified that the proposed recipient is 
                authorized under law to receive the radiation 
                source; and
                    (B) has required that the transfer shall be 
                made in accordance with any applicable Federal 
                or State law or regulation.
    (c) Tracking System.--(1)(A) Not later than 1 year after 
the date of enactment of this section, the Commission shall 
issue regulations establishing a mandatory tracking system for 
radiation sources in the United States.
    (B) In establishing the tracking system under subparagraph 
(A), the Commission shall coordinate with the Secretary of 
Transportation to ensure compatibility, to the maximum extent 
practicable, between the tracking system and any system 
established by the Secretary of Transportation to track the 
shipment of radiation sources.
    (2) The tracking system under paragraph (1) shall--
                    (A) enable the identification of each 
                radiation source by serial number or other 
                unique identifier;
                    (B) require reporting within 7 days of any 
                change of ownership or geographic location of a 
                radiation source;
                    (C) require reporting within 24 hours of 
                any loss of control of, or accountability for, 
                a radiation source; and
                    (D) provide for reporting under 
                subparagraphs (B) and (C) through a secure 
                Internet connection.
    d. Penalty.--A violation of a regulation issued under 
subsection a. or b. shall be punishable by a civil penalty not 
to exceed $1,000,000.
    e. National Academy of Sciences Study.--(1) Not later than 
60 days after the date of enactment of this section, the 
Commission shall enter into an arrangement with the National 
Academy of Sciences under which the National Academy of 
Sciences shall conduct a study of industrial, research, and 
commercial uses for radiation sources.
    (2) The study under paragraph (1) shall include a review of 
uses of radiation sources in existence on the date on which the 
study is conducted, including an identification of any 
industrial or other process that--
            (A) uses a radiation source that could be replaced 
        with an economically and technically equivalent (or 
        improved) process that does not require the use of a 
        radiation source; or
            (B) may be used with a radiation source that would 
        pose a lower risk to public health and safety in the 
        event of an accident or attack involving the radiation 
        source.
    (3) Not later than 2 years after the date of enactment of 
this section, the Commission shall submit to Congress the 
results of the study under paragraph (1).
    f. Task Force on Radiation Source Protection and 
Security.--(1) There is established a task force on radiation 
source protection and security (referred to in this section as 
the `task force').
    (2)(A) The chairperson of the task force shall be the 
Chairperson of the Commission (or a designee).
    (B) The membership of the task force shall consist of the 
following:
            (i) The Secretary of Homeland Security (or a 
        designee).
            (ii) The Secretary of Defense (or a designee).
            (iii) The Secretary of Energy (or a designee).
            (iv) The Secretary of Transportation (or a 
        designee).
            (v) The Attorney General (or a designee).
            (vi) The Secretary of State (or a designee).
            (vii) The Director of National Intelligence (or a 
        designee).
            (viii) The Director of the Central Intelligence 
        Agency (or a designee).
            (ix) The Director of the Federal Emergency 
        Management Agency (or a designee).
            (x) The Director of the Federal Bureau of 
        Investigation (or a designee).
    (3)(A) The task force, in consultation with Federal, State, 
and local agencies, the Conference of Radiation Control Program 
Directors, and the Organization of Agreement States, and after 
public notice and an opportunity for comment, shall evaluate, 
and provide recommendations relating to, the security of 
radiation sources in the United States from potential terrorist 
threats, including acts of sabotage, theft, or use of a 
radiation source in a radiological dispersal device.
    (B) Not later than 1 year after the date of enactment of 
this section, and not less than once every 4 years thereafter, 
the task force shall submit to Congress and the President a 
report, in unclassified form with a classified annex if 
necessary, providing recommendations, including recommendations 
for appropriate regulatory and legislative changes, for--
            (i) a list of additional radiation sources that 
        should be required to be secured under this Act, based 
        on the potential attractiveness of the sources to 
        terrorists and the extent of the threat to public 
        health and safety of the sources, taking into 
        consideration--
                    (I) radiation source radioactivity levels;
                    (II) radioactive half-life of a radiation 
                source;
                    (III) dispersability;
                    (IV) chemical and material form;
                    (V) for radioactive materials with a 
                medical use, the availability of the sources to 
                physicians and patients for medical treatment; 
                and
                    (VI) any other factor that the Chairperson 
                of the Commission determines to be appropriate;
            (ii) the establishment of, or modifications to, a 
        national system for recovery of lost or stolen 
        radiation sources;
            (iii) the storage of radiation sources that are not 
        used in a safe and secure manner as of the date on 
        which the report is submitted;
            (iv) modifications to the national tracking system 
        for radiation sources;
            (v) the establishment of, or modifications to, a 
        national system (including user fees and other methods) 
        to provide for the proper disposal of radiation sources 
        secured under this Act;
            (vi) modifications to export controls on radiation 
        sources to ensure that foreign recipients of radiation 
        sources are able and willing to adequately control 
        radiation sources from the United States;
            (vii)(I) any alternative technologies available as 
        of the date on which the report is submitted that may 
        perform some or all of the functions performed by 
        devices or processes that employ radiation sources; and
            (II) the establishment of appropriate regulations 
        and incentives for the replacement of the devices and 
        processes described in subclause (I)--
                    (aa) with alternative technologies in order 
                to reduce the number of radiation sources in 
                the United States; or
                    (bb) with radiation sources that would pose 
                a lower risk to public health and safety in the 
                event of an accident or attack involving the 
                radiation source; and
            (viii) the creation of, or modifications to, 
        procedures for improving the security of use, 
        transportation, and storage of radiation sources, 
        including--
                    (I) periodic audits or inspections by the 
                Commission to ensure that radiation sources are 
                properly secured and can be fully accounted 
                for;
                    (II) evaluation of the security measures by 
                the Commission;
                    (III) increased fines for violations of 
                Commission regulations relating to security and 
                safety measures applicable to licensees that 
                possess radiation sources;
                    (IV) criminal and security background 
                checks for certain individuals with access to 
                radiation sources (including individuals 
                involved with transporting radiation sources);
                    (V) requirements for effective and timely 
                exchanges of information relating to the 
                results of criminal and security background 
                checks between the Commission and any State 
                with which the Commission has entered into an 
                agreement under section 274 b.;
                    (VI) assurances of the physical security of 
                facilities that contain radiation sources 
                (including facilities used to temporarily store 
                radiation sources being transported); and
                    (VII) the screening of shipments to 
                facilities that the Commission determines to be 
                particularly at risk for sabotage of radiation 
                sources to ensure that the shipments do not 
                contain explosives.
    g. Action by Commission.--Not later than 60 days after the 
date of receipt by Congress and the President of a report under 
subsection f.(3)(B), the Commission, in accordance with the 
recommendations of the task force, shall--
            (1) take any action the Commission determines to be 
        appropriate, including revising the system of the 
        Commission for licensing radiation sources; and
            (2) ensure that States that have entered into 
        agreements with the Commission under section 274 b. 
        take similar action in a timely manner.

           *       *       *       *       *       *       *

    [Sec. 229, Trespass Upon Commission Installations.--]

SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.

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

           *       *       *       *       *       *       *

    Sec. 236. Sabotage of Nuclear Facilities or Fuel.--
    a. Any person who [intentionally and willfully] knowingly 
destroys or causes physical damage to--
            (1) any production facility or utilization facility 
        licensed under this Act;
            (2) any nuclear waste [storage facility] treatment, 
        storage, or disposal facility licensed under this Act;
            (3) any nuclear fuel for [such a utilization 
        facility] a utilization facility licensed under this 
        Act, or any spent nuclear fuel from such a facility; 
        [or]
            (4) any uranium enrichment [facility licensed] , 
        uranium conversion, or nuclear fuel fabrication 
        facility licensed or certified by the Nuclear 
        Regulatory Commission[,] ;
            (5) any production, utilization, waste storage, 
        waste treatment, waste disposal, uranium enrichment, 
        uranium conversion, or nuclear fuel fabrication 
        facility subject to licensing or certification under 
        this Act during construction of the facility, if the 
        destruction or damage caused or attempted to be caused 
        could adversely affect public health and safety during 
        the operation of the facility;
            (6) any primary facility or backup facility from 
        which a radiological emergency preparedness alert and 
        warning system is activated; or
            (7) any radioactive material or other property 
        subject to regulation by the Commission that, before 
        the date of the offense, the 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;
or attempts or conspires to do such an act, shall be fined not 
more than $10,000 or imprisoned for not more than 20 years, or 
both, and, if death results to any person, shall be imprisoned 
for any term of years or for life.
    b. Any person who [intentionally and willfully] knowingly 
causes an interruption of normal operation of any such facility 
through the unauthorized use of or tampering with the 
machinery, components, or controls of any such facility, or 
attempts or conspires to do such an act, shall be fined not 
more than $10,000 or imprisoned for not more than 20 years, or 
both, and, if death results to any person, shall be imprisoned 
for any term of years or for life.

           *       *       *       *       *       *       *

    Sec. 274. Cooperation With States.--
    a. * * *

           *       *       *       *       *       *       *

    b. Except as provided in subsection c., the Commission is 
authorized to enter into agreements with the Governor of any 
State providing for discontinuance of the regulatory authority 
of the Commission under chapters 6, 7, and 8, and section 161 
of this Act, with respect to any one or more of the following 
materials within the [State--
            [(1) byproduct materials as defined in section 11 
        e. (1);
            [(2) byproduct materials as defined in section 11 
        e. (2);
            [(3) source materials;
            [(4) special nuclear materials in quantities not 
        sufficient to form a critical mass.] State:
            (1) Byproduct materials (as defined in section 11 
        e.).
            (2) Source materials.
            (3) Special nuclear materials in quantities not 
        sufficient to form a critical mass.
During the duration of such an agreement it is recognized that 
the State shall have authority to regulate the materials 
covered by the agreement for the protection of the public 
health and safety from radiation hazards.

           *       *       *       *       *       *       *

                              ----------                              

                   ENERGY REORGANIZATION ACT OF 1974

 An Act to reorganize and consolidate certain functions of the Federal 
Government in a new Energy Research and Development Administration and 
    in a new Nuclear Regulatory Commission in order to promote more 
                efficient management of such functions.

                              SHORT TITLE

    Section 1. This Act may be cited as the ``Energy 
Reorganization Act of 1974''.

           *       *       *       *       *       *       *

    Sec. 211. (a)(1) No employer may discharge any employee or 
otherwise discriminate against any employee with respect to his 
compensation, terms, conditions, or privileges of employment 
because the employee (or any person acting pursuant to a 
request of the employee)--

           *       *       *       *       *       *       *

    (2) For purposes of this section, the term ``employer'' 
includes--
            (A) a licensee of the Commission or of an agreement 
        State under section 274 of the Atomic Energy Act of 
        1954 (42 U.S.C. 2021);
            (B) an applicant for a license from the Commission 
        or such an agreement State;
            (C) a contractor or subcontractor of such a 
        licensee or applicant; [and]
            (D) a contractor or subcontractor of the Department 
        of Energy [that is indemnified by the Department under 
        section 170 d. of the Atomic Energy Act of 1954 (42 
        U.S.C. 2210(d)), but such term shall not include any 
        contractor or subcontractor covered by Executive Order 
        No. 12344.] or the Commission; and
            (E) the Commission.
    (b)(1) * * *

           *       *       *       *       *       *       *

            (4) De novo judicial determination.--A claimant may 
        bring a civil action in any United States district 
        court for a de novo determination of a claim under 
        paragraph (1) if the Secretary does not--
                    (A) issue a final decision relating to the 
                claim within 1 year after the date on which a 
                complaint is filed; and
                    (B) establish that a delay described in 
                subparagraph (A) is caused by bad faith of the 
                claimant.

           *       *       *       *       *       *       *

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

    (a) Establishment.--There is established in the Commission 
an Office of Nuclear Security and Incident Response (referred 
to in this section as the `Office').
    (b) Director.--
            (1) In general.--The Office shall be headed by a 
        Director of Nuclear Security and Incident Response 
        (referred to in this section as the `Director').
            (2) Appointment.--The Director shall be appointed 
        by the Commission.
            (3) Duties.--The Director shall--
                    (A) report to the Commission in accordance 
                with section 209; and
                    (B) perform such actions as the Commission 
                may delegate to the Director.
            (4) Terms of service.--The Director shall serve at 
        the pleasure of, and be removable by, the Commission.

           *       *       *       *       *       *       *

                              ----------                              

                 LOW-LEVEL RADIOACTIVE WASTE POLICY ACT

  An Act to set forth a Federal policy for the disposal of low-level 
radioactive wastes, and for other purposes

           *       *       *       *       *       *       *

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) * * *

           *       *       *       *       *       *       *

            (9) Low-level radioactive waste.--[The term]
                    (A) In general.--The term ``low-level 
                radioactive waste'' means radioactive material 
                that--
                            [(A)] (i) is not high-level 
                        radioactive waste, spent nuclear fuel, 
                        or byproduct material (as defined in 
                        section 11e.(2) of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2014(e)(2))); 
                        and
                            [(B)] (ii) the Nuclear Regulatory 
                        Commission, consistent with existing 
                        law and in accordance with paragraph 
                        (A), classifies as low-level 
                        radioactive waste.
                    (B) Exclusion.--The term `low-level 
                radioactive waste' does not include byproduct 
                material (as defined in paragraphs (3) and (4) 
                of section 11 e. of the Atomic Energy Act of 
                1954 (42 U.S.C. 2014(e)).

           *       *       *       *       *       *       *

                              ----------                              

REORGANIZATION PLAN NO. 1 OF 1980

           *       *       *       *       *       *       *

                     Nuclear Regulatory Commission

    Sec. 1. (a) * * *

           *       *       *       *       *       *       *

    (b)(1) * * *

           *       *       *       *       *       *       *

            (2) With respect to the following officers or 
        successor officers duly established by statute or by 
        the Commission, the Chairman, after consultation with 
        the Executive Director for Operations, shall initiate 
        the appointment, subject to the approval of the 
        Commission, and the Chairman, or a member of the 
        Commission may initiate an action for removal, subject 
        to the approval of the Commission:
                    (i) Director of Nuclear Reactor Regulation,
                    (ii) Director of Nuclear Material Safety 
                and Safeguards,
                    (iii) Director of Nuclear Regulatory 
                Research,
                    (iv) Director of Nuclear Security and 
                Incident Response;
                    [(iv)] (v) Director of Inspection and 
                Enforcement,
                    [(v)] (vi) Director of Standards 
                Development.

           *       *       *       *       *       *       *

                                 
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