```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 864 Reported in Senate (RS)]

                                                       Calendar No. 152
109th CONGRESS
  1st Session
                                 S. 864

                          [Report No. 109-98]

To amend the Atomic Energy Act of 1954 to modify provisions relating to 
          nuclear safety and security, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2005

  Mr. Inhofe (for himself and Mr. Voinovich) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

                              July 1, 2005

               Reported by Mr. Inhofe, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To amend the Atomic Energy Act of 1954 to modify provisions relating to 
          nuclear safety and security, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Nuclear Safety and Security 
Act of 2005''.</DELETED>

<DELETED>SEC. 2. DEFINITION OF COMMISSION.</DELETED>

<DELETED>    In this Act, the term ``Commission'' means the Nuclear 
Regulatory Commission.</DELETED>

<DELETED>SEC. 3. GENERAL PROVISIONS.</DELETED>

<DELETED>    Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 
2201) is amended--</DELETED>
        <DELETED>    (1) by striking ``Sec. 161'' and all that follows 
        through ``authorized to--'' and inserting the 
        following:</DELETED>

<DELETED>``SEC. 161. GENERAL PROVISIONS.'';</DELETED>

        <DELETED>    (2) in each of subsections a., b., c., d., e., f., 
        h., i., j., m., n., o., p., s., t., v., and w., by inserting 
        ``In carrying out the duties of the Commission, the Commission 
        may'' after the subsection designation;</DELETED>
        <DELETED>    (3) in subsection u., by striking ``(1) enter 
        into'' and inserting ``In carrying out the duties of the 
        Commission, the Commission may--</DELETED>
        <DELETED>    ``(1) enter into'';</DELETED>
        <DELETED>    (4) in subsection x., by striking ``Establish'' 
        and inserting ``In carrying out the duties of the Commission, 
        the Commission may establish'';</DELETED>
        <DELETED>    (5) in each of subsections a., b., c., d., e., f., 
        h., j., m., n., s., and v., by striking the semicolon at the 
        end and inserting a period;</DELETED>
        <DELETED>    (6) in subsection o., by striking ``; and'' at the 
        end and inserting a period;</DELETED>
        <DELETED>    (7) in subsection t., by striking the semicolon at 
        the end; and</DELETED>
        <DELETED>    (8) by indenting each subdivision 
        appropriately.</DELETED>

<DELETED>SEC. 4. USE OF FIREARMS BY SECURITY PERSONNEL.</DELETED>

<DELETED>    The Atomic Energy Act of 1954 is amended by inserting 
after section 161 (42 U.S.C. 2201) the following:</DELETED>

<DELETED>``SEC. 161A. USE OF FIREARMS BY SECURITY PERSONNEL.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) the authorization is necessary to the 
        discharge of the official duties of the security personnel; 
        and</DELETED>
        <DELETED>    ``(2) the security personnel--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) have successfully completed any 
                requirement under this section for training in the use 
                of firearms and tactical maneuvers;</DELETED>
                <DELETED>    ``(C) are engaged in the protection of--
                </DELETED>
                        <DELETED>    ``(i) a facility owned or operated 
                        by a licensee or certificate holder of the 
                        Commission that is designated by the 
                        Commission; or</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) are discharging the official duties 
                of the security personnel in transferring, receiving, 
                possessing, transporting, or importing the weapons, 
                ammunition, or devices.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Effective Date.--This section takes effect on the 
date on which regulations are promulgated by the Commission, with the 
approval of the Attorney General, to carry out this 
section.''</DELETED>

<DELETED>SEC. 5. FINGERPRINTING AND CRIMINAL HISTORY RECORD 
              CHECKS.</DELETED>

<DELETED>    Section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 
2169) is amended--</DELETED>
        <DELETED>    (1) in subsection a.--</DELETED>
                <DELETED>    (A) by striking ``a. The Nuclear'' and all 
                that follows through ``section 147.'' and inserting the 
                following:</DELETED>
<DELETED>    ``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).</DELETED>
<DELETED>    ``(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)--</DELETED>
        <DELETED>    ``(I) are licensed or certified to engage in an 
        activity subject to regulation by the Commission;</DELETED>
        <DELETED>    ``(II) have filed an application for a license or 
        certificate to engage in an activity subject to regulation by 
        the Commission; or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) The Commission shall require to be fingerprinted any 
individual who--</DELETED>
        <DELETED>    ``(i) is permitted unescorted access to--
        </DELETED>
                <DELETED>    ``(I) a utilization facility; or</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(ii) is permitted access to safeguards 
        information under section 147.'';</DELETED>
                <DELETED>    (B) by striking ``All fingerprints 
                obtained by a licensee or applicant as required in the 
                preceding sentence'' and inserting the 
                following:</DELETED>
<DELETED>    ``(2) All fingerprints obtained by an individual or entity 
as required in paragraph (1)'';</DELETED>
                <DELETED>    (C) by striking ``The costs of any 
                identification and records check conducted pursuant to 
                the preceding sentence shall be paid by the licensee or 
                applicant.'' and inserting the following:</DELETED>
<DELETED>    ``(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).''; and</DELETED>
                <DELETED>    (D) by striking ``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 licensee or applicant 
                submitting such fingerprints.'' and inserting the 
                following:</DELETED>
<DELETED>    ``(4) Notwithstanding any other provision of law--
</DELETED>
        <DELETED>    ``(A) the Attorney General may provide any result 
        of an identification or records check under paragraph (2) to 
        the Commission; and</DELETED>
        <DELETED>    ``(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).'';</DELETED>
        <DELETED>    (2) in subsection c.--</DELETED>
                <DELETED>    (A) by striking ``, subject to public 
                notice and comment, regulations--'' and inserting 
                ``requirements--''; and</DELETED>
                <DELETED>    (B) in paragraph (2)(B), by striking 
                ``unescorted access to the facility of a licensee or 
                applicant'' and inserting ``unescorted access to a 
                utilization facility, radioactive material, or other 
                property described in subsection a.(1)(B)'';</DELETED>
        <DELETED>    (3) by redesignating subsection d. as subsection 
        e.; and</DELETED>
        <DELETED>    (4) by inserting after subsection c. the 
        following:</DELETED>
<DELETED>    ``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--</DELETED>
        <DELETED>    ``(1) the Attorney General; and</DELETED>
        <DELETED>    ``(2) the Commission, by regulation.''.</DELETED>

<DELETED>SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS 
              WEAPONS.</DELETED>

<DELETED>    Section 229 of the Atomic Energy Act of 1954 (42 U.S.C. 
2278a) is amended--</DELETED>
        <DELETED>    (1) by striking ``Sec. 229, Trespass Upon 
        Commission Installations.--'' and inserting the 
        following:</DELETED>

<DELETED>``SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.'';</DELETED>

        <DELETED>    (2) by adjusting the indentations of subsections 
        a., b., and c. so as to reflect proper subsection indentations; 
        and</DELETED>
        <DELETED>    (3) in subsection a.--</DELETED>
                <DELETED>    (A) in the first sentence, by striking 
                ``a. The'' and inserting the following:</DELETED>
<DELETED>    ``a.(1) The'';</DELETED>
                <DELETED>    (B) in the second sentence, by striking 
                ``Every'' and inserting the following:</DELETED>
<DELETED>    ``(2) Every''; and</DELETED>
                <DELETED>    (C) in paragraph (1) (as designated by 
                subparagraph (A))--</DELETED>
                        <DELETED>    (i) by striking ``or in the 
                        custody'' and inserting ``in the custody''; 
                        and</DELETED>
                        <DELETED>    (ii) by inserting ``, or subject 
                        to the licensing authority of the Commission or 
                        certification by the Commission under this Act 
                        or any other Act'' before the period.</DELETED>

<DELETED>SEC. 7. SABOTAGE OF NUCLEAR FACILITIES, FUEL, OR DESIGNATED 
              MATERIAL.</DELETED>

<DELETED>    (a) In General.--Section 236a. of the Atomic Energy Act of 
1954 (42 U.S.C. 2284(a)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking ``storage 
        facility'' and inserting ``treatment, storage, or disposal 
        facility'';</DELETED>
        <DELETED>    (2) in paragraph (3)--</DELETED>
                <DELETED>    (A) by striking ``such a utilization 
                facility'' and inserting ``a utilization facility 
                licensed under this Act''; and</DELETED>
                <DELETED>    (B) by striking ``or'' at the 
                end;</DELETED>
        <DELETED>    (3) in paragraph (4)--</DELETED>
                <DELETED>    (A) by striking ``facility licensed'' and 
                inserting ``, uranium conversion, or nuclear fuel 
                fabrication facility licensed or certified''; 
                and</DELETED>
                <DELETED>    (B) by striking the comma at the end and 
                inserting a semicolon; and</DELETED>
        <DELETED>    (4) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(6) any primary facility or backup facility from 
        which a radiological emergency preparedness alert and warning 
        system is activated; or</DELETED>
        <DELETED>    ``(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;''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 236 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2284) is amended by striking 
``intentionally and willfully'' each place it appears and inserting 
``knowingly''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear Security 
Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:
    
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Commission.

                  TITLE I--NUCLEAR SAFETY AND SECURITY

Sec. 101. General provisions.
Sec. 102. Use of firearms by security personnel.
Sec. 103. Fingerprinting and criminal history record checks.
Sec. 104. Security evaluations; design basis threat rulemaking.
Sec. 105. Unauthorized introduction of dangerous weapons.
Sec. 106. Sabotage of nuclear facilities, fuel, or designated material.
Sec. 107. Whistleblower protection.
Sec. 108. Office of Nuclear Security and Incident Response.
Sec. 109. Spent fuel rods and segments.

                    TITLE II--DIRTY BOMB PREVENTION

Sec. 201. Radiation source protection.
Sec. 202. Treatment of accelerator-produced and other radioactive 
                            material as byproduct material.

SEC. 2. DEFINITION OF COMMISSION.

    In this Act, the term ``Commission'' means the Nuclear Regulatory 
Commission.

                  TITLE I--NUCLEAR SAFETY AND SECURITY

SEC. 101. GENERAL PROVISIONS.

    Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is 
amended--
            (1) by striking ``Sec. 161'' and all that follows through 
        ``authorized to--'' and inserting the following:

``SEC. 161. GENERAL PROVISIONS.'';

            (2) in each of subsections a., b., c., d., e., f., h., i., 
        j., m., n., o., p., s., t., v., and w., by inserting ``In 
        carrying out the duties of the Commission, the Commission may'' 
        after the subsection designation;
            (3) in subsection u., by striking ``(1) enter into'' and 
        inserting ``In carrying out the duties of the Commission, the 
        Commission may--
            ``(1) enter into'';
            (4) in subsection x., by striking ``Establish'' and 
        inserting ``In carrying out the duties of the Commission, the 
        Commission may establish'';
            (5) in each of subsections a., b., c., d., e., f., h., j., 
        m., n., s., and v., by striking the semicolon at the end and 
        inserting a period;
            (6) in subsection o., by striking ``; and'' at the end and 
        inserting a period;
            (7) in subsection t., by striking the semicolon at the end; 
        and
            (8) by indenting each subdivision appropriately.

SEC. 102. USE OF FIREARMS BY SECURITY PERSONNEL.

    The Atomic Energy Act of 1954 is amended by inserting after section 
161 (42 U.S.C. 2201) the following:

``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. 103. FINGERPRINTING AND CRIMINAL HISTORY RECORD CHECKS.

    Section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) is 
amended--
            (1) in subsection a.--
                    (A) by striking ``a. The Nuclear'' and all that 
                follows through ``section 147.'' and inserting the 
                following:
    ``a.(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.'';
                    (B) by striking ``All fingerprints obtained by a 
                licensee or applicant as required in the preceding 
                sentence'' and inserting the following:
    ``(2) All fingerprints obtained by an individual or entity as 
required in paragraph (1)'';
                    (C) by striking ``The costs of any identification 
                and records check conducted pursuant to the preceding 
                sentence shall be paid by the licensee or applicant.'' 
                and inserting the following:
    ``(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).''; and
                    (D) by striking ``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 
                licensee or applicant submitting such fingerprints.'' 
                and inserting the following:
    ``(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).'';
            (2) in subsection c.--
                    (A) by striking ``, subject to public notice and 
                comment, regulations--'' and inserting ``requirements--
                ''; and
                    (B) in paragraph (2)(B), by striking ``unescorted 
                access to the facility of a licensee or applicant'' and 
                inserting ``unescorted access to a utilization 
                facility, radioactive material, or other property 
                described in subsection a.(1)(B)'';
            (3) by redesignating subsection d. as subsection e.; and
            (4) by inserting after subsection c. the following:
    ``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.''.

SEC. 104. SECURITY EVALUATIONS; DESIGN BASIS THREAT RULEMAKING.

    (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201 et seq.) is amended by adding at the end the following:

``SEC. 170C. 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.''.
    (b) Conforming Amendment.--The table of sections of the Atomic 
Energy Act of 1954 is amended by adding at the end of the items 
relating to chapter 14 the following:

``Sec. 170B. Uranium supply.
``Sec. 170C. Security evaluations.
``Sec. 170D. Design basis threat rulemaking.''.

SEC. 105. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229 of the Atomic Energy Act of 1954 (42 U.S.C. 2278a) is 
amended--
            (1) by striking ``Sec. 229, Trespass Upon Commission 
        Installations.--'' and inserting the following:

``SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.'';

            (2) by adjusting the indentations of subsections a., b., 
        and c. so as to reflect proper subsection indentations; and
            (3) in subsection a.--
                    (A) in the first sentence, by striking ``a. The'' 
                and inserting the following:
    ``a.(1) The'';
                    (B) in the second sentence, by striking ``Every'' 
                and inserting the following:
    ``(2) Every''; and
                    (C) in paragraph (1) (as designated by subparagraph 
                (A))--
                            (i) by striking ``or in the custody'' and 
                        inserting ``in the custody''; and
                            (ii) by inserting ``, or subject to the 
                        licensing authority of the Commission or 
                        certification by the Commission under this Act 
                        or any other Act'' before the period.

SEC. 106. SABOTAGE OF NUCLEAR FACILITIES, FUEL, OR DESIGNATED MATERIAL.

    (a) In General.--Section 236a. of the Atomic Energy Act of 1954 (42 
U.S.C. 2284(a)) is amended--
            (1) in paragraph (2), by striking ``storage facility'' and 
        inserting ``treatment, storage, or disposal facility'';
            (2) in paragraph (3)--
                    (A) by striking ``such a utilization facility'' and 
                inserting ``a utilization facility licensed under this 
                Act''; and
                    (B) by striking ``or'' at the end;
            (3) in paragraph (4)--
                    (A) by striking ``facility licensed'' and inserting 
                ``, uranium conversion, or nuclear fuel fabrication 
                facility licensed or certified''; and
                    (B) by striking the comma at the end and inserting 
                a semicolon; and
            (4) by inserting after paragraph (4) the following:
            ``(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;''.
    (b) Conforming Amendment.--Section 236 of the Atomic Energy Act of 
1954 (42 U.S.C. 2284) is amended by striking ``intentionally and 
willfully'' each place it appears and inserting ``knowingly''.

SEC. 107. WHISTLEBLOWER PROTECTION.

    (a) Definition of Employer.--Section 211(a)(2) of the Energy 
Reorganization Act of 1974 (42 U.S.C.. 5851(a)(2)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking ``that is 
        indemnified'' and all that follows through ``12344.'' and 
        inserting ``or the Commission; and''; and
            (3) by adding at the end the following:
            ``(E) the Commission.''.
    (b) De Novo Judicial Determination.--Section 211(b) of the Energy 
Reorganization Act of 1974 (42 U.S.C.. 5851(b)) is amended by adding at 
the end the following:
            ``(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. 108. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

    (a) Establishment.--Title II of the Energy Reorganization Act of 
1974 (42 U.S.C. 5841 et seq.) is amended by adding at the end the 
following:

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

    ``(a) 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.''.
    (b) Reorganization Plan.--Section 1(b)(2) of Reorganization Plan 
No. 1 of 1980 (adopted pursuant to the Reorganization Act Amendments of 
1984 (5 U.S.C. 901 et seq.)) is amended--
            (1) by redesignating clauses (iv) and (v) as (v) and (vi), 
        respectively; and
            (2) by inserting after clause (iii) the following:
                            ``(iv) Director of Nuclear Security and 
                        Incident Response;''.

SEC. 109. SPENT FUEL RODS AND SEGMENTS.

    (a) Guidelines.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall establish--
            (1) specific and uniform guidelines for tracking, 
        controlling, and accounting for individual spent fuel rods or 
        segments at nuclear power plants, including procedures for 
        conducting physical inventories; and
            (2) uniform inspection procedures to verify any action 
        taken by a nuclear power plant to implement those guidelines.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Commission shall submit to Congress a report describing 
the progress of the Commission in establishing the guidelines under 
subsection (a).

                    TITLE II--DIRTY BOMB PREVENTION

SEC. 201. RADIATION SOURCE PROTECTION.

    (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201 et seq.) (as amended by section 104(a)) is amended by 
adding at the end the following:

``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.''.
    (b) Table of Sections Amendment.--The table of sections of the 
Atomic Energy Act of 1954 (as amended by section 104(b)) is amended by 
adding at the end of the items relating to chapter 14 the following:

``Sec. 170E. Radiation source protection.''.

SEC. 202. TREATMENT OF ACCELERATOR-PRODUCED AND OTHER RADIOACTIVE 
              MATERIAL AS BYPRODUCT MATERIAL.

    (a) Definition of Byproduct Material.--Section 11 e. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(e)) is amended--
            (1) by striking ``means (1) any radioactive'' and inserting 
        the following: ``means--
            ``(1) any radioactive'';
            (2) by striking ``material, and (2) the tailings'' and 
        inserting the following: ``material;
            ``(2) the tailings''; and
            (3) by striking ``content.'' and inserting the following: 
        ``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.''.
    (b) Agreements With Governors.--Section 274 b. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2021(b)) is amended by striking ``State--'' and 
all that follows through paragraph (4) and inserting the following: 
``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.''.
    (c) Waste Disposal.--
            (1) Domestic distribution.--Section 81 of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2111) is amended--
                    (A) by striking ``No person may'' and inserting the 
                following:
    ``a. In General.--No person may''; and
                    (B) by adding at the end the following:
    ``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.''.
            (2) Definition of low-level radioactive waste.--Section 
        2(9) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 
        2021b(9)) is amended--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting the 
                clauses appropriately;
                    (B) in the matter preceding clause (i) (as 
                redesignated by subparagraph (A)) by striking ``The 
                term'' and inserting the following:
                    ``(A) In general.--The term''; and
                    (C) by adding at the end the following:
                    ``(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)).''.
    (d) Final Regulations.--
            (1) Regulations.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Commission, after 
                consultation with States and other stakeholders, shall 
                issue final regulations establishing such requirements 
                as the Commission determines to be necessary to carry 
                out this Act and the amendments made by this Act.
                    (B) Inclusions.--The regulations shall include a 
                definition of the term ``discrete source'' for purposes 
                of paragraphs (3) and (4) of section 11 e. of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as 
                amended by subsection (a)).
            (2) Cooperation.--In promulgating regulations under 
        paragraph (1), the Commission shall, to the maximum extent 
        practicable--
                    (A) cooperate with States; and
                    (B) use model State standards in existence on the 
                date of enactment of this Act.
            (3) Transition plan.--
                    (A) Definition of byproduct material.--In this 
                paragraph, the term ``byproduct material'' has the 
                meaning given the term in paragraphs (3) and (4) of 
                section 11 e. of the Atomic Energy Act of 1954 (42 
                U.S.C. 2014(e)) (as amended by subsection (a)).
                    (B) Preparation and publication.--To facilitate an 
                orderly transition of regulatory authority with respect 
                to byproduct material, the Commission, in issuing 
                regulations under paragraph (1), shall prepare and 
                publish a transition plan for--
                            (i) States that have not, before the date 
                        on which the plan is published, entered into an 
                        agreement with the Commission under section 274 
                        b. of the Atomic Energy Act of 1954 (42 U.S.C. 
                        2021(b)); and
                            (ii) States that have entered into an 
                        agreement with the Commission under that 
                        section before the date on which the plan is 
                        published.
                    (C) Inclusions.--The transition plan under 
                subparagraph (B) shall include--
                            (i) a description of the conditions under 
                        which a State may exercise authority over 
                        byproduct material; and
                            (ii) a statement of the Commission that any 
                        agreement covering byproduct material, as 
                        defined in paragraph (1) or (2) of section 11e. 
                        of the Atomic Energy Act of 1954 (42 U.S.C. 
                        2014(e)), entered into between the Commission 
                        and a State under section 274 b. of that Act 
                        (42 U.S.C. 2021(b)) before the date of 
                        publication of the transition plan shall be 
                        considered to include byproduct material, as 
                        defined in paragraph (3) or (4) of section 11e. 
                        of that Act (42 U.S.C. 2014(e)) (as amended by 
                        subsection (a)), if the Governor of the State 
                        certifies to the Commission on the date of 
                        publication of the transition plan that--
                                    (I) the State has a program for 
                                licensing byproduct material, as 
                                defined in paragraph (3) or (4) of 
                                section 11e. of the Atomic Energy Act 
                                of 1954, that is adequate to protect 
                                the public health and safety, as 
                                determined by the Commission; and
                                    (II) the State intends to continue 
                                to implement the regulatory 
                                responsibility of the State with 
                                respect to the byproduct material.
            (4) Availability of radiopharmaceuticals.--In promulgating 
        regulations under paragraph (1), the Commission shall consider 
        the impact on the availability of radiopharmaceuticals to--
                    (A) physicians; and
                    (B) patients the medical treatment of which relies 
                on radiopharmaceuticals.
    (e) Waivers.--
            (1) In general.--Except as provided in paragraph (2), the 
        Commission may grant a waiver to any entity of any requirement 
        under this section or an amendment made by this section with 
        respect to a matter relating to 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)) (as amended by subsection (a))) 
        if the Commission determines that the waiver is in accordance 
        with the protection of the public health and safety and the 
        promotion of the common defense and security.
            (2) Exceptions.--
                    (A) In general.--The Commission may not grant a 
                waiver under paragraph (1) with respect to--
                            (i) any requirement under the amendments 
                        made by subsection (c)(1);
                            (ii) a matter relating to an importation 
                        into, or exportation from, the United States 
                        for a period ending after the date that is 1 
                        year after the date of enactment of this Act; 
                        or
                            (iii) any other matter for a period ending 
                        after the date that is 4 years after the date 
                        of enactment of this Act.
                    (B) Waivers to states.--The Commission shall 
                terminate any waiver granted to a State under paragraph 
                (1) if the Commission determines that--
                            (i) the State has entered into an agreement 
                        with the Commission under section 274 b. of the 
                        Atomic Energy Act of 1954 (42 U.S.C. 2021(b));
                            (ii) the agreement described in clause (i) 
                        covers byproduct material (as described in 
                        paragraph (3) or (4) of section 11 e. of the 
                        Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) 
                        (as amended by subsection (a))); and
                            (iii) the program of the State for 
                        licensing such byproduct material is adequate 
                        to protect the public health and safety.
            (3) Publication.--The Commission shall publish in the 
        Federal Register a notice of any waiver granted under this 
        subsection.
                                                       Calendar No. 152

109th CONGRESS

  1st Session

                                 S. 864

                          [Report No. 109-98]

_______________________________________________________________________

                                 A BILL

To amend the Atomic Energy Act of 1954 to modify provisions relating to 
          nuclear safety and security, and for other purposes.

_______________________________________________________________________

                              July 1, 2005

                       Reported with an amendment
```