I 

108TH CONGRESS 

1ST SESSION H. R. 2761

To amend the Atomic Energy Act of 1954 and the Energy Reorganization 

Act of 1974 to strengthen security at sensitive nuclear facilities. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2003

Mrs. LOWEY (for herself, Mr. MARKEY, and Mr. ENGEL) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To amend the Atomic Energy Act of 1954 and the Energy 

Reorganization Act of 1974 to strengthen security at 

sensitive nuclear facilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Security Act 

5 of 2003’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 11 of the Atomic Energy Act of 1954 (42 

8 U.S.C. 2014) is amended—

9 (1) by redesignating subsection jj. as subsection 

10 ii.; and 
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1 (2) by adding at the end the following: 

2 ‘‘jj. DESIGN BASIS THREAT.—The term ‘design basis 

3 threat’ means the design basis threat established by the 

4 Commission under section 73.1 of title 10, Code of Fed5 eral Regulations (or any successor regulation developed 

6 under section 170C). 

7 ‘‘kk. SENSITIVE NUCLEAR FACILITY.—The term 

8 ‘sensitive nuclear facility’ means—

9 ‘‘(1) a commercial nuclear power plant and as10 sociated spent fuel storage facility; 

11 ‘‘(2) a decommissioned nuclear power plant and 

12 associated spent fuel storage facility; 

13 ‘‘(3) a category I fuel cycle facility; 

14 ‘‘(4) a gaseous diffusion plant; and 

15 ‘‘(5) any other facility licensed by the Commis16 sion, or used in the conduct of an activity licensed 

17 by the Commission, that the Commission determines 

18 should be treated as a sensitive nuclear facility 

19 under section 170C.’’. 

20 SEC. 3. NUCLEAR SECURITY. 

21 (a) IN GENERAL.—Chapter 14 of the Atomic Energy 

22 Act of 1954 (42 U.S.C. 2201 et seq.) is amended by add23 ing at the end the following: 
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1 ‘‘SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILI2 TIES AGAINST THE DESIGN BASIS THREAT. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) NUCLEAR SECURITY FORCE.—The term 

5 ‘nuclear security force’ means the nuclear security 

6 force established under subsection (b)(1). 

7 ‘‘(2) FUND.—The term ‘Fund’ means the Nu8 clear Security Fund established under subsection 

9 (e). 

10 ‘‘(3) QUALIFICATION STANDARD.—The term 

11 ‘qualification standard’ means a qualification stand12 ard established under subsection (d)(2)(A). 

13 ‘‘(4) SECURITY PLAN.—The term ‘security plan’ 

14 means a security plan developed under subsection 

15 (b)(2). 

16 ‘‘(b) NUCLEAR SECURITY.—The Commission shall—

17 ‘‘(1) establish a nuclear security force, the 

18 members of which shall be employees of the Com19 mission, to provide for the security of all sensitive 

20 nuclear facilities against the design basis threat; and 

21 ‘‘(2) develop and implement a security plan for 

22 each sensitive nuclear facility to ensure the security 

23 of all sensitive nuclear facilities against the design 

24 basis threat. 

25 ‘‘(c) SECURITY PLANS.—
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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this section, the Com3 mission shall develop a security plan for each sen4 sitive nuclear facility to ensure the protection of 

5 each sensitive nuclear facility against the design 

6 basis threat. 

7 ‘‘(2) ELEMENTS OF THE PLAN.—A security 

8 plan shall prescribe—

9 ‘‘(A) the deployment of the nuclear secu10 rity force, including—

11 ‘‘(i) numbers of the members of the 

12 nuclear security force at each sensitive nu13 clear facility; 

14 ‘‘(ii) tactics of the members of the nu15 clear security force at each sensitive nu16 clear facility; and 

17 ‘‘(iii) capabilities of the members of 

18 the nuclear security force at each sensitive 

19 nuclear facility; 

20 ‘‘(B) other protective measures, includ21 ing—

22 ‘‘(i) designs of critical control systems 

23 at each sensitive nuclear facility; 

24 ‘‘(ii) restricted personnel access to 

25 each sensitive nuclear facility; 
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1 ‘‘(iii) perimeter site security, internal 

2 site security, and fire protection barriers; 

3 ‘‘(iv) increases in protection for spent 

4 fuel storage areas; 

5 ‘‘(v) placement of spent fuel in dry 

6 cask storage; and 

7 ‘‘(vi) background security checks for 

8 employees and prospective employees; and 

9 ‘‘(C) a schedule for completing the require10 ments of the security plan not later than 18 

11 months after the date of enactment of this sec12 tion. 

13 ‘‘(3) ADDITIONAL REQUIREMENTS.—A holder 

14 of a license for a sensitive nuclear facility under sec15 tion 103 or 104 or the State or local government in 

16 which a sensitive nuclear facility is located may peti17 tion the Commission for additional requirements in 

18 the security plan for the sensitive nuclear facility. 

19 ‘‘(4) IMPLEMENTATION OF SECURITY PLAN.—

20 Not later than 270 days after the date of enactment 

21 of this section, the Commission, in consultation with 

22 a holder of a license for a sensitive nuclear facility 

23 under section 103 or 104, shall, by direct action of 

24 the Commission or by order requiring action by the 

25 licensee, implement the security plan for the sen-
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1 sitive nuclear facility in accordance with the schedule 

2 under paragraph (2)(C). 

3 ‘‘(5) SUFFICIENCY OF SECURITY PLAN.—If at 

4 any time the Commission determines that the imple5 mentation of the requirements of the security plan 

6 for a sensitive nuclear facility is insufficient to en7 sure the security of the sensitive nuclear facility 

8 against the design basis threat, the Commission 

9 shall immediately submit to Congress and the Presi10 dent a classified report that—

11 ‘‘(A) identifies the vulnerability of the sen12 sitive nuclear facility; and 

13 ‘‘(B) recommends actions by Federal, 

14 State, or local agencies to eliminate the vulner15 ability. 

16 ‘‘(d) NUCLEAR SECURITY FORCE.—

17 ‘‘(1) IN GENERAL.—Not later than 90 days 

18 after the date of the enactment of this section, the 

19 Commission, in consultation with other Federal 

20 agencies, as appropriate, shall establish a program 

21 for the hiring and training of the nuclear security 

22 force. 

23 ‘‘(2) HIRING.—

24 ‘‘(A) QUALIFICATION STANDARDS.—Not 

25 later than 30 days after the date of enactment 
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1 of this section, the Commission shall establish 

2 qualification standards that individuals shall be 

3 required to meet to be hired by the Commission 

4 as members of the nuclear security force. 

5 ‘‘(B) EXAMINATION.—The Commission 

6 shall develop and administer a nuclear security 

7 force personnel examination for use in deter8 mining the qualification of individuals seeking 

9 employment as members of the nuclear security 

10 force. 

11 ‘‘(C) CRIMINAL AND SECURITY BACK12 GROUND CHECKS.—The Commission shall re13 quire that an individual to be hired as a mem14 ber of the nuclear security force undergo a 

15 criminal and security background check. 

16 ‘‘(D) DISQUALIFICATION OF INDIVIDUALS

17 WHO PRESENT NATIONAL SECURITY RISKS.—

18 The Commission, in consultation with the heads 

19 of other Federal agencies, as appropriate, shall 

20 establish procedures, in addition to any back21 ground check conducted under subparagraph 

22 (B), to ensure that no individual who presents 

23 a threat to national security is employed as a 

24 member of the nuclear security force. 

25 ‘‘(3) ANNUAL PROFICIENCY REVIEW.—
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1 ‘‘(A) IN GENERAL.—The Commission shall 

2 provide that an annual evaluation of each mem3 ber of the nuclear security force is conducted 

4 and documented. 

5 ‘‘(B) REQUIREMENTS FOR CONTINU6 ATION.—An individual employed as a member 

7 of the nuclear security force may not continue 

8 to be employed in that capacity unless the eval9 uation under subparagraph (A) demonstrates 

10 that the individual—

11 ‘‘(i) continues to meet all qualification 

12 standards; 

13 ‘‘(ii) has a satisfactory record of per14 formance and attention to duty; and 

15 ‘‘(iii) has the knowledge and skills 

16 necessary to vigilantly and effectively pro17 vide for the security of a sensitive nuclear 

18 facility against the design basis threat. 

19 ‘‘(4) TRAINING.—

20 ‘‘(A) IN GENERAL.—The Commission shall 

21 provide for the training of each member of the 

22 nuclear security force to ensure each member 

23 has the knowledge and skills necessary to pro24 vide for the security of a sensitive nuclear facil25 ity against the design basis threat. 
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1 ‘‘(B) TRAINING PLAN.—Not later than 60 

2 days after the date of enactment of this section, 

3 the Commission shall develop a plan for the 

4 training of members of the nuclear security 

5 force. 

6 ‘‘(C) USE OF OTHER AGENCIES.—The 

7 Commission may enter into a memorandum of 

8 understanding or other arrangement with any 

9 other Federal agency with appropriate law en10 forcement responsibilities, to provide personnel, 

11 resources, or other forms of assistance in the 

12 training of members of the nuclear security 

13 force. 

14 ‘‘(e) NUCLEAR SECURITY FUND.—

15 ‘‘(1) ESTABLISHMENT.—There is established in 

16 the Treasury of the United States a fund to be 

17 known as the ‘Nuclear Security Fund’, which shall 

18 be used by the Commission to administer programs 

19 under this section to provide for the security of sen20 sitive nuclear facilities. 

21 ‘‘(2) DEPOSITS IN THE FUND.—The Commis22 sion shall deposit in the Fund—

23 ‘‘(A) the amount of fees collected under 

24 paragraph (5); and 
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1 ‘‘(B) amounts appropriated under sub2 section (f). 

3 ‘‘(3) INVESTMENT OF AMOUNTS.—

4 ‘‘(A) IN GENERAL.—The Secretary of the 

5 Treasury shall invest such portion of the Fund 

6 as is not, in the judgment of the Secretary of 

7 the Treasury, required to meet current with8 drawals. Investments may be made only in in9 terest-bearing obligations of the United States. 

10 ‘‘(B) ACQUISITION OF OBLIGATIONS.—For 

11 the purpose of investments under subparagraph 

12 (A), obligations may be acquired—

13 ‘‘(i) on original issue at the issue 

14 price; or 

15 ‘‘(ii) by purchase of outstanding obli16 gations at the market price. 

17 ‘‘(C) SALE OF OBLIGATIONS.—Any obliga18 tion acquired by the Fund may be sold by the 

19 Secretary of the Treasury at the market price. 

20 ‘‘(D) CREDITS TO FUND.—The interest on, 

21 and the proceeds from the sale or redemption 

22 of, any obligations held in the Fund shall be 

23 credited to and form a part of the Fund. 
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1 ‘‘(4) USE OF AMOUNTS IN THE FUND.—The 

2 Commission shall use amounts in the Fund to pay 

3 the costs of—

4 ‘‘(A) salaries, training, and other expenses 

5 of the nuclear security force; and 

6 ‘‘(B) developing and implementing security 

7 plans. 

8 ‘‘(5) FEE.—To ensure that adequate amounts 

9 are available to provide assistance under paragraph 

10 (4), the Commission shall assess licensees a fee in 

11 an amount determined by the Commission. 

12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary to carry out this section.’’. 

15 (b) IMPLEMENTATION.—The Commission shall com16 plete the full implementation of the amendment made by 

17 subsection (a) as soon as practicable after the date of en18 actment of this Act, but in no event later than 270 days 

19 after the date of enactment of this Act. 

20 (c) TECHNICAL AND CONFORMING AMENDMENT.—

21 The table of contents for chapter 14 of the Atomic Energy 

22 Act of 1954 (42 U.S.C. prec. 2011) is amended by adding 

23 at the end the following:

‘‘170B. Uranium supply. 

‘‘170C. Protection of sensitive nuclear facilities against the design basis 

threat.’’.

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