I 

108TH CONGRESS 

1ST SESSION H. R. 2708

To provide for the security of commercial nuclear power plants and facilities 

designated by the Nuclear Regulatory Commission. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2003

Mr. SAXTON introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide for the security of commercial nuclear power 

plants and facilities designated by the Nuclear Regulatory Commission.

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 Infrastructure 

5 Security Act of 2003’’. 

6 SEC. 2. DEFINITIONS. 

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

8 U.S.C. 2014) is amended—
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1 (1) by redesignating subsection jj. as subsection 

2 ii.; and 

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

4 ‘‘jj. DESIGNATED NUCLEAR FACILITY.—The term 

5 ‘designated nuclear facility’ means—

6 ‘‘(1) an operating commercial nuclear power 

7 plant; and 

8 ‘‘(2) any other facility owned or operated by a 

9 licensee or certificate holder that the Commission 

10 determines should be included within the meaning of 

11 the term. 

12 ‘‘kk. PRIVATE SECURITY FORCE.—The term ‘private 

13 security force’, with respect to a designated nuclear facil14 ity, means personnel hired or contracted by the licensee 

15 or certificate holder of the designated nuclear facility to 

16 provide security at the designated nuclear facility.’’. 

17 SEC. 3. DESIGNATED NUCLEAR FACILITY SECURITY. 

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

19 Act of 1954 (42 U.S.C. 2201 et seq.) is amended by add20 ing at the end the following: 

21 ‘‘SEC. 170C. PROTECTION OF DESIGNATED NUCLEAR FA22 CILITIES. 

23 ‘‘(a) DEFINITIONS.—In this section: 
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1 ‘‘(1) CERTIFICATE HOLDER.—The term ‘certifi2 cate holder’ means the holder of a certificate of com3 pliance issued by the Commission. 

4 ‘‘(2) FEDERAL SECURITY COORDINATOR.—The 

5 term ‘Federal security coordinator’ means the Fed6 eral security coordinator assigned to a regional office 

7 of the Commission. 

8 ‘‘(3) DESIGN BASIS THREAT.—The term ‘design 

9 basis threat’ means the threat components or capa10 bility of an adversary against which a nuclear facil11 ity is responsible for defending under regulations, 

12 orders, or other directives of the Commission. 

13 ‘‘(4) LICENSEE.—The term ‘licensee’ means the 

14 holder of a license issued by the Commission. 

15 ‘‘(b) SECURITY EXAMINATION.—

16 ‘‘(1) IN GENERAL.—The Commission, in coordi17 nation with the Secretary of Homeland Security and 

18 in consultation with other agencies and State and 

19 local governments as appropriate, shall examine—

20 ‘‘(A) classification of threats against des21 ignated nuclear facilities as—

22 ‘‘(i) a type of threat falling under the 

23 responsibilities of the Federal Government, 

24 including an act by an enemy of the 
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1 United States, whether a foreign govern2 ment or any other person; 

3 ‘‘(ii) a type of threat falling under the 

4 responsibility of a State or local govern5 ment; or 

6 ‘‘(iii) a type of threat the defense 

7 against which the Commission determines 

8 should be the responsibility of a licensee or 

9 certificate holder; 

10 ‘‘(B) coordination of Federal, State, and 

11 local security efforts to protect against terrorist 

12 or other criminal attacks at designated nuclear 

13 facilities; 

14 ‘‘(C) the adequacy of planning to protect 

15 the public health and safety in the event of a 

16 terrorist attack against a designated nuclear fa17 cility, including—

18 ‘‘(i) matters relating to the adequacy 

19 of emergency planning zones; 

20 ‘‘(ii) matters relating to the adequacy 

21 and coordination of Federal, State, and 

22 local emergency planning and other meas23 ures; and
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1 ‘‘(iii) matters relating to the adequacy 

2 of security plans for designated nuclear fa3 cilities; 

4 ‘‘(D) the system of threat levels, consistent 

5 with the Homeland Security Advisory System 

6 used to categorize the threats pertinent to des7 ignated nuclear facilities, including—

8 ‘‘(i) procedures to ensure coordinated 

9 Federal, State, and local responses to 

10 changing threat levels for designated nu11 clear facilities; 

12 ‘‘(ii) monitoring of threats against 

13 designated nuclear facilities; and 

14 ‘‘(iii) procedures to notify licensees 

15 and certificate holders of a designated nu16 clear facility of changes in threat levels; 

17 ‘‘(E) the hiring and training standards for 

18 members of private security forces at des19 ignated nuclear facilities; 

20 ‘‘(F) the coordination of Federal resources 

21 to expedite and improve the process of con22 ducting background checks under section 149; 

23 and 

24 ‘‘(G) the creation by the Secretary of 

25 Homeland Security of a program to provide 
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1 technical assistance and training for the Na2 tional Guard, State law enforcement agencies, 

3 and local law enforcement agencies to respond,

4 as appropriate, to threats against a designated 

5 nuclear facility, including recommendations for 

6 the establishment of a grant program to assist 

7 State and local governments in carrying out any 

8 recommended actions under this section. 

9 ‘‘(2) REPORT.—Not later than 1 year after 

10 completion of the security examination under para11 graph (1), the Commission and the Secretary of 

12 Homeland Security shall submit to the President 

13 and Congress, in classified and unclassified form, a 

14 report with recommendations and findings. 

15 ‘‘(c) REVISION OF DESIGN BASIS THREATS.—

16 ‘‘(1) IN GENERAL.—Not later than 180 days 

17 after completion of the security examination under 

18 subsection (b), the Commission shall by regulation 

19 revise the design basis threats promulgated before 

20 the date of enactment of this section as the Commis21 sion determines to be appropriate based on the secu22 rity examination. 

23 ‘‘(2) PROTECTION OF SAFEGUARDS INFORMA24 TION.—
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1 ‘‘(A) IN GENERAL.—In promulgating any 

2 regulations under this subsection, the Commis3 sion shall ensure protection of safeguards infor4 mation in accordance with section 147 and of 

5 classified national security information. 

6 ‘‘(B) PROCEDURE.—Notwithstanding any 

7 requirement of chapter 5 of title 5, United 

8 States Code, or any other law, the Commission 

9 may conduct rulemaking under this subsection 

10 in a manner that fully protects safeguards in11 formation and classified national security infor12 mation. 

13 ‘‘(d) THREAT LEVELS.—Not later than 150 days 

14 after the date of submission of the report under subsection 

15 (b)(2), the Commission shall establish a system for the 

16 determination of threat levels pertinent to—

17 ‘‘(1) designated nuclear facilities; and 

18 ‘‘(2) materials designated by the Commission. 

19 ‘‘(e) SECURITY PLANS.—

20 ‘‘(1) IN GENERAL.—Pursuant to any action 

21 taken by the Commission under subsection (c)(1) to 

22 revise a design basis threat, not later than 1 year 

23 after the date of the revision, the Commission shall 

24 require each licensee or certificate holder of a des25 ignated nuclear facility to—
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1 ‘‘(A) revise the security plan to ensure that 

2 the designated nuclear facility protects against 

3 the appropriate design basis threats; and 

4 ‘‘(B) submit the security plan to the Com5 mission for review. 

6 ‘‘(2) REVIEW SCHEDULE.—The Commission 

7 shall establish a priority schedule for conducting re8 views of security plans based on the proximity of the 

9 designated nuclear facility to large population areas. 

10 ‘‘(3) UPGRADES TO SECURITY.—The Commis11 sion shall ensure that the licensee or certificate hold12 er of each designated nuclear facility makes any 

13 changes to security and the security plan required 

14 from the Commission review on a schedule estab15 lished by the Commission, but not to exceed 18 

16 months after completion of the review. 

17 ‘‘(f) EMERGENCY RESPONSE PLANS.—

18 ‘‘(1) IN GENERAL.—Not later than 21 months 

19 after the date of enactment of this section, the Com20 mission shall review, in consultation with the Sec21 retary of Homeland Security and, as appropriate, 

22 State and local governments, the emergency re23 sponse plans for each designated nuclear facility to 

24 ensure that each emergency response plan provides 
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1 for protection of persons in the emergency response 

2 planning zone. 

3 ‘‘(2) ASPECTS OF REVIEW.—The Commission 

4 shall ensure that each emergency response plan pro5 vides, as appropriate to the type of designated nu6 clear facility, for—

7 ‘‘(A) the protection of public health and 

8 safety, including the ability to implement pro9 tective measures; 

10 ‘‘(B) clear definition and assignment of re11 sponsibilities of emergency response personnel; 

12 ‘‘(C) notification procedures; 

13 ‘‘(D) communication and coordination 

14 among emergency response personnel; 

15 ‘‘(E) dissemination of information to the 

16 public, both prior to, and in the event of, a ra17 diological emergency; 

18 ‘‘(F) adequate emergency facilities and 

19 equipment at and around the designated nu20 clear facility; 

21 ‘‘(G) the use of methods, systems, and 

22 equipment for assessing and monitoring actual 

23 or potential impacts of an emergency; 

24 ‘‘(H) a range of protective actions for the 

25 public;
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1 ‘‘(I) means for controlling radiological ex2 posures and other hazardous exposures for 

3 emergency response personnel;

4 ‘‘(J) appropriate medical services for con5 taminated individuals; 

6 ‘‘(K) general plans for recovery and re7 entry; and 

8 ‘‘(L) radiological emergency response 

9 training. 

10 ‘‘(3) SCHEDULE.—The Commission shall estab11 lish a priority schedule for conducting reviews of 

12 emergency response plans for designated nuclear fa13 cilities based on the proximity of such facilities to 

14 large population areas. 

15 ‘‘(4) UPGRADES TO EMERGENCY RESPONSE

16 PLAN.—The Commission shall ensure that the li17 censee or certificate holder of each designated nu18 clear facility revises, as necessary, the emergency re19 sponse plan for review by the Commission on a 

20 schedule established by the Commission. 

21 ‘‘(g) TRAINING PROGRAM.—

22 ‘‘(1) IN GENERAL.—Not later than 1 year after 

23 submission of the report under subsection (b)(2), the 

24 President shall establish, based on and consistent 

25 with the findings and recommendations contained in 
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1 the report submitted under subsection (b)(2), a pro2 gram to provide technical assistance and training for 

3 the National Guard and State and local law enforce4 ment agencies in responding to threats against a 

5 designated nuclear facility. 

6 ‘‘(2) GRANTS.—The President may provide 

7 grants to State and local governments to assist in 

8 carrying out this section. 

9 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

10 There are authorized to be appropriated such sums 

11 as are necessary to carry out this subsection. 

12 ‘‘(h) EMPLOYEE SECURITY.—

13 ‘‘(1) REVIEW.—Not later than 180 days after 

14 the date of enactment of this section, the Commis15 sion shall review and update as appropriate the ac16 cess and training standards for employees of a des17 ignated nuclear facility. 

18 ‘‘(2) DISQUALIFICATION OF INDIVIDUALS WHO

19 PRESENT NATIONAL SECURITY RISKS.—The Com20 mission shall establish qualifications and procedures, 

21 in addition to fingerprinting for criminal history 

22 record checks conducted under section 149, to en23 sure that no individual who presents a threat to na24 tional security is employed at a designated nuclear 

25 facility. 
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1 ‘‘(i) FEDERAL SECURITY COORDINATORS.—

2 ‘‘(1) REGIONAL OFFICES.—Not later than 180 

3 days after the date of enactment of this section, the 

4 Commission shall assign a Federal security coordi5 nator, under the employment of the Commission, to 

6 each region of the Commission. 

7 ‘‘(2) RESPONSIBILITIES.—The Federal security 

8 coordinator shall be responsible for—

9 ‘‘(A) communicating with the Commission 

10 and other Federal, State, and local authorities 

11 concerning threats, including threats against a 

12 designated nuclear facility; 

13 ‘‘(B) ensuring that a designated nuclear 

14 facility maintains security consistent with the 

15 security plan in accordance with the appro16 priate threat level; and 

17 ‘‘(C) assisting in the coordination of secu18 rity measures among—

19 ‘‘(i) the private security force at a 

20 designated nuclear facility; and 

21 ‘‘(ii) Federal, State, and local authori22 ties, as appropriate. 

23 ‘‘(j) CLASSIFIED INFORMATION.—Nothing in this 

24 section supersedes any law (including a regulation) gov-
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1 erning the disclosure of classified information or safe2 guards information.’’. 

3 (b) FINGERPRINTING FOR CRIMINAL HISTORY

4 RECORD CHECKS.—Section 149 of the Atomic Energy Act 

5 of 1954 (42 U.S.C. 2169) is amended—

6 (1) in subsection a.—

7 (A) by striking ‘‘a. The Nuclear’’ and all 

8 that follows through ‘‘section 147.’’ and insert9 ing the following: 

10 ‘‘a. IN GENERAL.—

11 ‘‘(1) REQUIREMENTS.—The Commission shall 

12 require—

13 ‘‘(A) each licensee, certificate holder, or 

14 applicant for a license or certificate to operate 

15 a utilization facility under section 103 or 

16 104(b); and 

17 ‘‘(B) each licensee or applicant for a li18 cense to possess or use radioactive material or 

19 other property subject to regulation by the 

20 Commission that the Commission determines to 

21 be of such significance to the public health and 

22 safety or the common defense and security as 

23 to warrant fingerprinting and background 

24 checks; 
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1 to fingerprint each individual who is permitted 

2 unescorted access to the facility, radioactive mate3 rial, or other property or is permitted access to safe4 guards information under section 147.’’; 

5 (B) by striking ‘‘All fingerprints’’ and in6 serting the following: 

7 ‘‘(2) SUBMISSION TO THE ATTORNEY GEN8 ERAL.—All fingerprints’’; 

9 (C) by striking ‘‘The costs’’ and inserting 

10 the following; 

11 ‘‘(3) COSTS.—The costs’’; 

12 (D) by striking ‘‘Notwithstanding’’ and in13 serting the following: 

14 ‘‘(4) PROVISION TO LICENSEE, CERTIFICATE

15 HOLDER, OR APPLICANT.—Notwithstanding’’; and 

16 (E) by striking ‘‘licensee or applicant’’ 

17 each place it appears and inserting ‘‘licensee, 

18 certificate holder, or applicant for a license or 

19 certificate’’; 

20 (2) in subsection c., by striking ‘‘, subject to 

21 public notice and comment, regulations’’ and insert22 ing ‘‘requirements’’; 

23 (3) by redesignating subsection d. as subsection 

24 e.; and
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1 (4) by inserting after subsection c. the fol2 lowing:

3 ‘‘d. USE OF OTHER BIOMETRIC METHODS.—Any re4 quirement for a person to conduct fingerprinting under 

5 this section may be satisfied by using any other biometric 

6 method used for identification by the Attorney General.’’. 

7 SEC. 4. OFFICE OF NUCLEAR SECURITY AND INCIDENT RE8 SPONSE. 

9 (a) IN GENERAL.—Title II of the Energy Reorga10 nization Act of 1974 (42 U.S.C. 5841 et seq.) is amended 

11 by adding at the end the following: 

12 ‘‘SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT 

13 RESPONSE. 

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

15 ‘‘(1) CERTIFICATE HOLDER.—The term ‘certifi16 cate holder’ has the meaning given the term in sec17 tion 170C(a) of the Atomic Energy Act of 1954. 

18 ‘‘(2) DESIGNATED NUCLEAR FACILITY.—The 

19 term ‘designated nuclear facility’ has the meaning 

20 given the term in section 11 of the Atomic Energy 

21 Act of 1954 (42 U.S.C. 2014). 

22 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

23 the Director of Nuclear Security and Incident Re24 sponse appointed under subsection (c) to head the 

25 Office. 
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1 ‘‘(4) LICENSEE.—The term ‘licensee’ has the 

2 meaning given the term in section 170C(a) of the 

3 Atomic Energy Act of 1954. 

4 ‘‘(5) OFFICE.—The term ‘Office’ means the Of5 fice of Nuclear Security and Incident Response es6 tablished by subsection (b). 

7 ‘‘(b) ESTABLISHMENT OF OFFICE.—There is estab8 lished in the Commission the Office of Nuclear Security 

9 and Incident Response. 

10 ‘‘(c) DIRECTOR.—

11 ‘‘(1) APPOINTMENT.—The Commission may ap12 point and remove from office a Director of Nuclear 

13 Security and Incident Response. 

14 ‘‘(2) DUTIES.—

15 ‘‘(A) IN GENERAL.—The Director shall 

16 perform such functions as the Commission dele17 gates to the Director. 

18 ‘‘(B) FUNCTIONS.—The functions dele19 gated to the Director may include—

20 ‘‘(i) carrying out security, safeguards, 

21 and incident responses relating to—

22 ‘‘(I) any facility owned or oper23 ated by a Commission licensee or cer24 tificate holder; 
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1 ‘‘(II) any property owned or in 

2 the possession of a licensee or certifi3 cate holder that—

4 ‘‘(aa) is significant to the 

5 common defense and security; or 

6 ‘‘(bb) is being transported to 

7 or from a facility described in 

8 clause (i); and 

9 (III) any other activity of a li10 censee or certificate holder, subject to 

11 the requirements of the Atomic En12 ergy Act of 1954 (42 U.S.C. 2011 et 

13 seq.), that is significant to the com14 mon defense and security; 

15 ‘‘(ii) for a facility or material licensed 

16 or certified under the Atomic Energy Act 

17 of 1954 (42 U.S.C. 2011 et seq.)—

18 ‘‘(I) developing contingency plans 

19 for dealing with threats, thefts, and 

20 sabotage; and 

21 ‘‘(II) monitoring, reviewing, and 

22 evaluating security and safeguards; 

23 ‘‘(iii) recommending upgrades to in24 ternal accounting systems for special nu25 clear and other materials licensed or cer-
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1 tified under the Atomic Energy Act of 

2 1954 (42 U.S.C. 2011 et seq.); and 

3 ‘‘(iv) developing and recommending 

4 standards and amendments to the stand5 ards of the Commission relating to the du6 ties described in clauses (i) through (iii); 

7 and 

8 ‘‘(E) carrying out any other safeguards 

9 and physical security functions and incident re10 sponse functions that the Commission deter11 mines to be appropriate. 

12 ‘‘(3) CONSULTATION.—In carrying out the du13 ties under paragraph (2), the Director shall, to the 

14 extent practicable, consult and coordinate with other 

15 Federal agencies. 

16 ‘‘(d) SECURITY RESPONSE EVALUATIONS.—

17 ‘‘(1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this section, the Commis19 sion shall establish a security response evaluation 

20 program to assess the ability of each designated nu21 clear facility to defend against threats in accordance 

22 with the security plan for the designated nuclear fa23 cility. 

24 ‘‘(2) FREQUENCY OF EVALUATIONS.—Not less 

25 than once every 3 years, the Commission shall con-
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1 duct and document security response evaluations at 

2 each designated nuclear facility to assess the ability 

3 of the private security force of the designated nu4 clear facility to defend against applicable design 

5 basis threats. 

6 ‘‘(3) SECURITY EXEMPTION.—The Commission 

7 may suspend activities under this section if the Com8 mission determines that the security response eval9 uations would compromise security at any des10 ignated nuclear facility in accordance with a height11 ened threat level. 

12 ‘‘(4) ACTIVITIES.—The security response eval13 uation shall include force-on-force exercises that sim14 ulate the security threats consistent with the design 

15 basis threats applicable to the designated nuclear fa16 cility. 

17 ‘‘(5) PERFORMANCE CRITERIA.—The Commis18 sion shall establish performance criteria for judging 

19 the security response evaluations. 

20 ‘‘(6) CORRECTIVE ACTION.—

21 ‘‘(A) IN GENERAL.—When any of the per22 formance criteria established under paragraph 

23 (5) are not satisfied—

24 ‘‘(i) the licensee or certificate holder 

25 shall promptly correct any defects in per-
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1 formance identified by the Commission in 

2 the security response evaluation; and 

3 ‘‘(ii) the Commission shall conduct an 

4 additional security response evaluation 

5 within 9 months to confirm that the li6 censee or certificate holder satisfies the 

7 performance criteria established under 

8 paragraph (5). 

9 ‘‘(B) 2 CONSECUTIVE FAILURES TO SAT10 ISFY PERFORMANCE CRITERIA.—

11 ‘‘(i) IN GENERAL.—If a designated 

12 nuclear facility fails to satisfy the perform13 ance criteria established under paragraph 

14 (5) in 2 consecutive security response eval15 uations, the Commission shall issue an 

16 order specifying the corrective actions that 

17 must be taken by the licensee or certificate 

18 holder of the designated nuclear facility. 

19 ‘‘(ii) FAILURE TO TAKE CORRECTIVE

20 ACTION.—If the licensee or certificate hold21 er of a designated nuclear facility does not 

22 take the corrective action specified by the 

23 Commission within 30 days after the date 

24 of issuance of an order under clause (i), 

25 and the Commission determines that the
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1 failure could compromise public health and 

2 safety, the Commission shall assess a civil 

3 penalty under section 234 of the Atomic 

4 Energy Act of 1954 (42 U.S.C. 2282). 

5 ‘‘(C) EFFECT.—Nothing in this paragraph 

6 limits any enforcement authority of the Com7 mission to take action in response to defi8 ciencies identified through security evaluations. 

9 ‘‘(7) REPORTS.—Not less often than once every 

10 year, the Commission shall submit to Congress and 

11 the President a report, in classified form and unclas12 sified form, that describes the results of each secu13 rity response evaluation under this paragraph for 

14 the previous year. 

15 ‘‘(e) EMERGENCY RESPONSE EXERCISES.—

16 ‘‘(1) IN GENERAL.—Not less than once every 2 

17 years, the Commission, in coordination with the Sec18 retary of Homeland Security shall observe and 

19 evaluate emergency response exercises to assess the 

20 ability of Federal, State, and local emergency re21 sponse agencies and emergency response personnel 

22 of a licensee or certificate holder to respond to a ra23 diological emergency at the designated nuclear facil24 ity in accordance with the emergency response plans. 
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1 ‘‘(2) ACTIVITIES.—In carrying out their func2 tions under paragraph (1), the Commission and the 

3 Secretary of Homeland Security shall evaluate—

4 ‘‘(A) the response capabilities, response 

5 times, and coordination and communication ca6 pabilities of the response personnel; and 

7 ‘‘(B) the effectiveness and adequacy of 

8 emergency response and the ability to take pro9 tective actions. 

10 ‘‘(3) PLANS.—The Commission shall ensure 

11 that the emergency response plan for a designated 

12 nuclear facility is revised to correct for any defi13 ciencies identified by an evaluation under this sub14 section. 

15 ‘‘(4) REPORTS.—Not less than once every year, 

16 the Commission shall submit to the President and 

17 Congress a report, in classified form and unclassified 

18 form, that describes—

19 ‘‘(A) the results of each emergency re20 sponse exercise under this subsection conducted 

21 in the previous year; and 

22 ‘‘(B) each revision of an emergency re23 sponse plan made under paragraph (3) for the 

24 previous year that is substantive in nature. 
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1 ‘‘(f) EFFECT.—Nothing in this section limits any au2 thority of the Department of Energy relating to the secu3 rity and safeguarding of special nuclear materials, high4 level radioactive waste, and nuclear facilities resulting 

5 from all activities under the jurisdiction of the Depart6 ment.’’. 

7 (b) CONFORMING AMENDMENTS.—Title II of the En8 ergy Reorganization Act of 1974 is amended—

9 (1) in section 203(b) (42 U.S.C. 5843(b))—

10 (A) in paragraph (1), by striking ‘‘licens11 ing and regulation involving’’ and inserting ‘‘li12 censing, regulation, and, except as otherwise 

13 provided under section 212, carrying out safety 

14 reviews, safeguards, and physical security of’’; 

15 and 

16 (B) in paragraph (2), by striking ‘‘and 

17 safeguards’’; and 

18 (2) in section 204(b) (42 U.S.C. 5844(b))—

19 (A) in paragraph (1)—

20 (i) by striking ‘‘including’’ and insert21 ing ‘‘not including’’; and 

22 (ii) by striking ‘‘and materials.’’ and 

23 inserting ‘‘and materials, to the extent that 

24 the safeguards and security functions are 

25 delegated to the Office of Nuclear Security 
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1 and Incident Response under section 

2 212.’’. 

3 (B) in paragraph (2)—

4 (i) by striking ‘‘and safeguards’’; and 

5 (ii) by striking ‘‘, as amended,’’ and 

6 all that follows through the period and in7 serting ‘‘(42 U.S.C. 2011 et seq.)’’. 

8 SEC. 5. GUARDING OF NUCLEAR FACILITIES, EQUIPMENT, 

9 AND MATERIAL. 

10 (a) TRANSPORTING OF SHORT-BARRELED SHOTGUN

11 OR RIFLE.—Section 922 of title 18, United States Code, 

12 is amended—

13 (1) in subsection (a)(4), by striking ‘‘or licensed 

14 collector,’’ and inserting the following: ‘‘licensed col15 lector, or a licensee or certificate holder under title 

16 I of the Atomic Energy Act of 1954 (42 U.S.C. 

17 2011 et seq.), or an employee or contractor of such 

18 a licensee or certificate holder, that holds the license 

19 or certificate for the purpose of establishing and 

20 maintaining an on-site physical protection system 

21 and security organization required by Federal law or 

22 for the purpose of licensee-authorized or certificate 

23 holder-authorized training or transportation of nu24 clear material or equipment,’’; and 

25 (2) in subsection (o)(2)—
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1 (A) in subparagraph (A), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (B), by striking the 

4 period at the end and inserting ‘‘; or’’; and 

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

6 ‘‘(C) a transfer to a licensee or certificate hold7 er under title I of the Atomic Energy Act of 1954 

8 (42 U.S.C. 2011 et seq.) for purposes of establishing 

9 and maintaining an on-site physical protection sys10 tem and security organization required by Federal 

11 law, or possession by an employee or contractor of 

12 the licensee or certificate holder on-site for such pur13 poses or off-site for purposes of licensee-authorized 

14 or certificate holder-authorized training or transpor15 tation of nuclear materials or equipment.’’. 

16 (b) AUTHORIZATION FOR IMPORTATION OF FIREARM

17 OR AMMUNITION.—Section 925(d)(1) of title 18, United 

18 States Code, is amended—

19 (1) by inserting ‘‘(A)’’ before ‘‘is being’’; and 

20 (2) by inserting after the semicolon the fol21 lowing: ‘‘or 

22 ‘‘(B) is being imported or brought in for trans23 fer to a licensee or certificate holder under title I of 

24 the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 

25 seq.) for purposes of establishing and maintaining
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1 an on-site physical protection system and security 

2 organization required by Federal law;’’. 

3 (c) INTERSTATE TRANSPORTATION OF FIREARMS.—

4 Section 926A of title 18, United States Code, is amend5 ed—

6 (1) by striking ‘‘Notwithstanding’’ and insert7 ing the following: 

8 ‘‘(a) IN GENERAL.—Notwithstanding’’; and 

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

10 ‘‘(b) LICENSEES AND CERTIFICATE HOLDERS OF

11 THE NUCLEAR REGULATORY COMMISSION.—Notwith12 standing any other provision of any law or any rule or 

13 regulation of a State or any political subdivision of a 

14 State, a licensee or certificate holder under title I of the 

15 Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or 

16 an employee or contractor of such a licensee or certificate 

17 holder, that is not otherwise prohibited by this chapter 

18 from transporting, shipping, receiving, or possessing a 

19 firearm shall be entitled to transport and possess a fire20 arm for purposes of establishing and maintaining an on21 site physical protection system and security organization 

22 required by Federal law, and for purposes of licensee-au23 thorized or certificate holder-authorized training or trans24 portation of nuclear material or equipment.’’. 
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1 (d) SEMIAUTOMATIC ASSAULT WEAPONS; LARGE CA2 PACITY AMMUNITION FEEDING DEVICES.—Section 922 of 

3 title 18, United States Code, is amended—

4 (1) in subsection (v)(4)(B)—

5 (A) by inserting ‘‘or certificate holder’’ 

6 after ‘‘licensee’’ each place that term appears; 

7 (B) by inserting ‘‘or certificate holder-au8 thorized’’ after ‘‘licensee-authorized’’; and 

9 (C) by inserting ‘‘or equipment’’ after 

10 ‘‘materials’’; and 

11 (2) in subsection (w)(3)(B)—

12 (A) by inserting ‘‘or certificate holder’’ 

13 after ‘‘licensee’’ each place that term appears; 

14 (B) by inserting ‘‘or certificate holder-au15 thorized’’ after ‘‘licensee-authorized’’; and 

16 (C) by inserting ‘‘or equipment’’ after 

17 ‘‘materials’’. 

18 SEC. 6. TREATMENT OF ACCELERATOR-PRODUCED AND 

19 OTHER RADIOACTIVE MATERIAL AS BYPROD20 UCT MATERIAL. 

21 (a) DEFINITION OF BYPRODUCT MATERIAL.—Sec22 tion 11e. of the Atomic Energy Act of 1954 (42 U.S.C. 

23 2014(e)) is amended—

24 (1) by striking ‘‘means (1) any radioactive’’ and 

25 inserting ‘‘means—
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1 ‘‘(1) any radioactive’’; 

2 (2) by striking ‘‘material, and (2) the tailings’’ 

3 and inserting ‘‘material; 

4 ‘‘(2) the tailings’’; and 

5 (3) by striking ‘‘content.’’ and inserting ‘‘con6 tent; and 

7 ‘‘(3)(A) any discrete source of radium-226; or 

8 ‘‘(B) any material that—

9 ‘‘(i) has been made radioactive by use of a 

10 particle accelerator; and 

11 ‘‘(ii) is produced, extracted, or converted 

12 after extraction, before, on, or after the date of 

13 enactment of this paragraph, for use in a com14 mercial, medical, or research activity; and 

15 ‘‘(4) any discrete source of naturally occurring 

16 radioactive material, other than source material 

17 that—

18 ‘‘(A) the Nuclear Regulatory Commission 

19 determines (after consultation with the Admin20 istrator of the Environmental Protection Agen21 cy, the Secretary of Energy, the Secretary of 

22 Homeland Security, and the head of any other 

23 appropriate Federal agency), would pose a 

24 threat similar to that posed by a discrete source 
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1 of radium-226 to the public health and safety 

2 or the common defense and security; and 

3 ‘‘(B) before, on, or after the date of enact4 ment of this paragraph, is extracted or con5 verted after extraction, for use in a commercial, 

6 medical, or research activity.’’. 

7 (b) AGREEMENTS.—Section 274b. of the Atomic En8 ergy Act of 1954 (42 U.S.C. 2021) is amended—

9 (1) by redesignating paragraphs (3) and (4) as 

10 paragraphs (5) and (6), respectively; and 

11 (2) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) byproduct materials (as defined in section 

14 11e.(3)); 

15 ‘‘(4) byproduct materials (as defined in section 

16 11e.(4));’’. 

17 (c) REGULATIONS.—

18 (1) IN GENERAL.—Not later than the effective 

19 date of this section, the Nuclear Regulatory Com20 mission shall promulgate final regulations estab21 lishing such requirements and standards as the 

22 Commission considers necessary for the acquisition, 

23 possession, transfer, use, or disposal of byproduct 

24 material (as defined in paragraphs (3) and (4) of 
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1 section 11e. of the Atomic Energy Act of 1954 (as 

2 added by subsection (a))). 

3 (2) COOPERATION.—The Commission shall co4 operate with the States in formulating the regula5 tions under paragraph (1). 

6 (3) TRANSITION.—To ensure an orderly transi7 tion of regulatory authority with respect to byprod8 uct material as defined in paragraphs (3) and (4) of 

9 section 11e. of the Atomic Energy Act of 1954 (as

10 added by subsection (a)), not later than 180 days 

11 before the effective date of this section, the Nuclear 

12 Regulatory Commission shall prepare and provide 

13 public notice of a transition plan developed in co14 ordination with States that—

15 (A) have not, before the effective date of 

16 this section, entered into an agreement with the 

17 Commission under section 274b. of the Atomic 

18 Energy Act of 1954 (42 U.S.C. 2021); or 

19 (B) in the case of a State that has entered 

20 into such an agreement, has not, before the ef21 fective date of this section, applied for an 

22 amendment to the agreement that would permit 

23 assumption by the State of regulatory responsi24 bility for such byproduct material.
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1 (d) EFFECTIVE DATE.—Except with respect to mat2 ters that the Nuclear Regulatory Commission determines 

3 are required to be addressed earlier to protect the public 

4 health and safety or to promote the common defense and 

5 security, the amendments made by this section take effect 

6 on the date that is 4 years after the date of enactment 

7 of this Act. 

8 SEC. 7. UNAUTHORIZED INTRODUCTION OF DANGEROUS 

9 WEAPONS. 

10 Section 229a. of the Atomic Energy Act of 1954 (42 

11 U.S.C. 2278a(a)) is amended in the first sentence by in12 serting ‘‘or subject to the licensing authority of the Com13 mission or to certification by the Commission under this 

14 Act or any other Act’’ before the period at the end. 

15 SEC. 8. SABOTAGE OF NUCLEAR FACILITIES OR FUEL. 

16 Section 236a. of the Atomic Energy Act of 1954 (42 

17 U.S.C. 2284(a)) is amended—

18 (1) in the first sentence, by striking ‘‘or who in19 tentionally and willfully attempts’’ and inserting ‘‘or 

20 who attempts or conspires’’; 

21 (2) in paragraph (2), by striking ‘‘storage facil22 ity’’ and inserting ‘‘storage, treatment, or disposal 

23 facility’’; 

24 (3) in paragraph (3)—
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1 (A) by striking ‘‘such a utilization facility’’ 

2 and inserting ‘‘a utilization facility licensed 

3 under this Act’’; and 

4 (B) by striking ‘‘or’’ at the end; 

5 (4) in paragraph (4)—

6 (A) by striking ‘‘facility licensed’’ and in7 serting ‘‘uranium conversion or nuclear fuel 

8 fabrication facility licensed or certified’’; and 

9 (B) by striking the period at the end and 

10 inserting a semicolon; and 

11 (5) by inserting after paragraph (4) the fol12 lowing: 

13 ‘‘(5) any production, utilization, waste storage, 

14 waste treatment, waste disposal, uranium enrich15 ment, or nuclear fuel fabrication facility subject to 

16 licensing or certification under this Act during con17 struction of the facility, if the destruction or damage 

18 caused or attempted to be caused could adversely af19 fect public health and safety during the operation of 

20 the facility; 

21 ‘‘(6) any primary facility or backup facility 

22 from which a radiological emergency preparedness 

23 alert and warning system is activated; or 

24 ‘‘(7) any radioactive material or other property 

25 subject to regulation by the Nuclear Regulatory 
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1 Commission that, before the date of the offense, the 

2 Nuclear Regulatory Commission determines, by 

3 order or regulation published in the Federal Reg4 ister, is of significance to the public health and safe5 ty or to common defense and security;’’. 

6 SEC. 9. EVALUATION OF ADEQUACY OF ENFORCEMENT 

7 PROVISIONS. 

8 Not later than 90 days after the date of enactment 

9 of this Act, the Attorney General and the Nuclear Regu10 latory Commission shall submit to Congress a report that 

11 assesses the adequacy of the criminal enforcement provi12 sions in chapter 18 of the Atomic Energy Act of 1954 

13 (42 U.S.C. 221 et seq.). 

14 SEC. 10. PROTECTION OF WHISTLEBLOWERS. 

15 Section 211(a)(2) of the Energy Reorganization Act 

16 (42 U.S.C. 5851) is amended—

17 (1) in subparagraph (C), by striking ‘‘and’’ at 

18 the end; 

19 (2) in subparagraph (D), by striking the period 

20 at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(E) a contractor or subcontractor of the 

23 Commission.’’. 
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1 SEC. 11. TECHNICAL AND CONFORMING AMENDMENT. 

2 The table of contents of the Atomic Energy Act of 

3 1954 (42 U.S.C. prec. 2011) is amended by adding at the 

4 end of the items relating to chapter 14 the following:

‘‘Sec. 170B. Uranium supply. 

‘‘Sec. 170C. Protection of designated nuclear facilities.’’.

5 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated such sums as are necessary to carry out the 

8 amendments made by this title. 

9 (b) AGGREGATE AMOUNT OF CHARGES.—Section 

10 6101 of the Omnibus Budget Reconciliation Act of 1990 

11 (42 U.S.C. 2214(c)(2)(A)) is amended—

12 (1) in clause (i), by striking ‘‘and’’ at the end; 

13 (2) in clause (ii), by striking the period at the 

14 end and inserting ‘‘; and’’ and 

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

16 ‘‘(iii) amounts appropriated to the Com17 mission for homeland security activities of the 

18 Commission for the fiscal year, except for the 

19 costs of fingerprinting and background checks 

20 required by section 149 of the Atomic Energy 

21 Act of 1954 (42 U.S.C. 2169) and the costs of 

22 conducting security inspections.’’.

Æ