II 

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. 

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 Safety and 

5 Security Act of 2005’’. 
2 

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1 SEC. 2. DEFINITION OF COMMISSION. 

2 In this Act, the term ‘‘Commission’’ means the Nu3 clear Regulatory Commission. 

4 SEC. 3. GENERAL PROVISIONS. 

5 Section 161 of the Atomic Energy Act of 1954 (42 

6 U.S.C. 2201) is amended— 

7 (1) by striking ‘‘SEC. 161’’ and all that follows 

8 through ‘‘authorized to—’’ and inserting the fol9 lowing: 

10 ‘‘SEC. 161. GENERAL PROVISIONS.’’; 

11 (2) in each of subsections a., b., c., d., e., f., h., 

12 i., j., m., n., o., p., s., t., v., and w., by inserting ‘‘In 

13 carrying out the duties of the Commission, the Com14 mission may’’ after the subsection designation; 

15 (3) in subsection u., by striking ‘‘(1) enter 

16 into’’ and inserting ‘‘In carrying out the duties of 

17 the Commission, the Commission may— 

18 ‘‘(1) enter into’’; 

19 (4) in subsection x., by striking ‘‘Establish’’ 

20 and inserting ‘‘In carrying out the duties of the 

21 Commission, the Commission may establish’’; 

22 (5) in each of subsections a., b., c., d., e., f., h., 

23 j., m., n., s., and v., by striking the semicolon at the 

24 end and inserting a period; 

25 (6) in subsection o., by striking ‘‘; and’’ at the 

26 end and inserting a period; 
3 

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1 (7) in subsection t., by striking the semicolon at 

2 the end; and 

3 (8) by indenting each subdivision appropriately. 

4 SEC. 4. USE OF FIREARMS BY SECURITY PERSONNEL. 

5 The Atomic Energy Act of 1954 is amended by in6 serting after section 161 (42 U.S.C. 2201) the following: 

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

8 ‘‘(a) DEFINITIONS.—In this section, the terms ‘hand9 gun’, ‘rifle’, ‘shotgun’, ‘firearm’, ‘ammunition’, ‘machine10 gun’, ‘short-barreled shotgun’, and ‘short-barreled rifle’ 

11 have the meanings given the terms in section 921(a) of 

12 title 18, United States Code. 

13 ‘‘(b) AUTHORIZATION.—Notwithstanding subsections 

14 (a)(4), (a)(5), (b)(2), (b)(4), and (o) of section 922 of title 

15 18, United States Code, section 925(d)(3) of title 18, 

16 United States Code, section 5844 of the Internal Revenue 

17 Code of 1986, and any law (including regulations) of a 

18 State or a political subdivision of a State that prohibits 

19 the transfer, receipt, possession, transportation, importa20 tion, or use of a handgun, a rifle, a shotgun, a short-bar21 reled shotgun, a short-barreled rifle, a machinegun, a 

22 semiautomatic assault weapon, ammunition for any such 

23 gun or weapon, or a large capacity ammunition feeding 

24 device, in carrying out the duties of the Commission, the 

25 Commission may authorize the security personnel of any 
4 

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1 licensee or certificate holder of the Commission (including 

2 an employee of a contractor of such a licensee or certifi3 cate holder) to transfer, receive, possess, transport, im4 port, and use 1 or more such guns, weapons, ammunition, 

5 or devices, if the Commission determines that— 

6 ‘‘(1) the authorization is necessary to the dis7 charge of the official duties of the security per8 sonnel; and 

9 ‘‘(2) the security personnel— 

10 ‘‘(A) are not otherwise prohibited from 

11 possessing or receiving a firearm under Federal 

12 or State laws relating to possession of firearms 

13 by a certain category of persons; 

14 ‘‘(B) have successfully completed any re15 quirement under this section for training in the 

16 use of firearms and tactical maneuvers; 

17 ‘‘(C) are engaged in the protection of— 

18 ‘‘(i) a facility owned or operated by a 

19 licensee or certificate holder of the Com20 mission that is designated by the Commis21 sion; or 

22 ‘‘(ii) radioactive material or other 

23 property owned or possessed by a licensee 

24 or certificate holder of the Commission, or 

25 that is being transported to or from a fa-
5 

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1 cility owned or operated by such a licensee 

2 or certificate holder, and that has been de3 termined by the Commission to be of sig4 nificance to the common defense and secu5 rity or public health and safety; and 

6 ‘‘(D) are discharging the official duties of 

7 the security personnel in transferring, receiving, 

8 possessing, transporting, or importing the 

9 weapons, ammunition, or devices. 

10 ‘‘(c) BACKGROUND CHECKS.—A person that receives, 

11 possesses, transports, imports, or uses a weapon, ammuni12 tion, or a device under subsection (b) shall be subject to 

13 a background check by the Attorney General, based on 

14 fingerprints and including a background check under sec15 tion 103(b) of the Brady Handgun Violence Prevention 

16 Act (Public Law 103–159; 18 U.S.C. 922 note) to deter17 mine whether the person is prohibited from possessing or 

18 receiving a firearm under Federal or State law. 

19 ‘‘(d) EFFECTIVE DATE.—This section takes effect on 

20 the date on which regulations are promulgated by the 

21 Commission, with the approval of the Attorney General, 

22 to carry out this section.’’ 
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1 SEC. 5. FINGERPRINTING AND CRIMINAL HISTORY RECORD 

2 CHECKS. 

3 Section 149 of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2169) is amended— 

5 (1) in subsection a.— 

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

7 that follows through ‘‘section 147.’’ and insert8 ing the following: 

9 ‘‘a.(1)(A)(i) The Commission shall require each indi10 vidual or entity described in clause (ii) to fingerprint each 

11 individual described in subparagraph (B) before the indi12 vidual described in subparagraph (B) is permitted access 

13 under subparagraph (B). 

14 ‘‘(ii) The individuals and entities referred to in clause 

15 (i) are individuals and entities that, on or before the date 

16 on which an individual is permitted access under subpara17 graph (B)— 

18 ‘‘(I) are licensed or certified to engage in an ac19 tivity subject to regulation by the Commission; 

20 ‘‘(II) have filed an application for a license or 

21 certificate to engage in an activity subject to regula22 tion by the Commission; or 

23 ‘‘(III) have notified the Commission in writing 

24 of an intent to file an application for licensing, cer25 tification, permitting, or approval of a product or ac26 tivity subject to regulation by the Commission. 
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1 ‘‘(B) The Commission shall require to be 

2 fingerprinted any individual who— 

3 ‘‘(i) is permitted unescorted access to— 

4 ‘‘(I) a utilization facility; or 

5 ‘‘(II) radioactive material or other property 

6 subject to regulation by the Commission that 

7 the Commission determines to be of such sig8 nificance to the public health and safety or the 

9 common defense and security as to warrant 

10 fingerprinting and background checks; or 

11 ‘‘(ii) is permitted access to safeguards informa12 tion under section 147.’’; 

13 (B) by striking ‘‘All fingerprints obtained 

14 by a licensee or applicant as required in the 

15 preceding sentence’’ and inserting the following: 

16 ‘‘(2) All fingerprints obtained by an individual or en17 tity as required in paragraph (1)’’; 

18 (C) by striking ‘‘The costs of any identi19 fication and records check conducted pursuant 

20 to the preceding sentence shall be paid by the 

21 licensee or applicant.’’ and inserting the fol22 lowing: 

23 ‘‘(3) The costs of an identification or records check 

24 under paragraph (2) shall be paid by the individual or en-
8 

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1 tity required to conduct the fingerprinting under para2 graph (1)(A).’’; and 

3 (D) by striking ‘‘Notwithstanding any 

4 other provision of law, the Attorney General 

5 may provide all the results of the search to the 

6 Commission, and, in accordance with regula7 tions prescribed under this section, the Com8 mission may provide such results to licensee or 

9 applicant submitting such fingerprints.’’ and in10 serting the following: 

11 ‘‘(4) Notwithstanding any other provision of law— 

12 ‘‘(A) the Attorney General may provide any re13 sult of an identification or records check under para14 graph (2) to the Commission; and 

15 ‘‘(B) the Commission, in accordance with regu16 lations prescribed under this section, may provide 

17 the results to the individual or entity required to 

18 conduct the fingerprinting under paragraph 

19 (1)(A).’’; 

20 (2) in subsection c.— 

21 (A) by striking ‘‘, subject to public notice 

22 and comment, regulations—’’ and inserting ‘‘re23 quirements—’’; and 

24 (B) in paragraph (2)(B), by striking 

25 ‘‘unescorted access to the facility of a licensee 
9 

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1 or applicant’’ and inserting ‘‘unescorted access 

2 to a utilization facility, radioactive material, or 

3 other property described in subsection 

4 a.(1)(B)’’; 

5 (3) by redesignating subsection d. as subsection 

6 e.; and 

7 (4) by inserting after subsection c. the fol8 lowing: 

9 ‘‘d. The Commission may require a person or indi10 vidual to conduct fingerprinting under subsection a.(1) by 

11 authorizing or requiring the use of any alternative biomet12 ric method for identification that has been approved by— 

13 ‘‘(1) the Attorney General; and 

14 ‘‘(2) the Commission, by regulation.’’. 

15 SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS 

16 WEAPONS. 

17 Section 229 of the Atomic Energy Act of 1954 (42 

18 U.S.C. 2278a) is amended— 

19 (1) by striking ‘‘SEC. 229, TRESPASS UPON

20 COMMISSION INSTALLATIONS.—’’ and inserting the 

21 following: 

22 ‘‘SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.’’; 

23 (2) by adjusting the indentations of subsections 

24 a., b., and c. so as to reflect proper subsection in25 dentations; and 
10 

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1 (3) in subsection a.— 

2 (A) in the first sentence, by striking ‘‘a. 

3 The’’ and inserting the following: 

4 ‘‘a.(1) The’’; 

5 (B) in the second sentence, by striking 

6 ‘‘Every’’ and inserting the following: 

7 ‘‘(2) Every’’; and 

8 (C) in paragraph (1) (as designated by 

9 subparagraph (A))— 

10 (i) by striking ‘‘or in the custody’’ and 

11 inserting ‘‘in the custody’’; and 

12 (ii) by inserting ‘‘, or subject to the li13 censing authority of the Commission or 

14 certification by the Commission under this 

15 Act or any other Act’’ before the period. 

16 SEC. 7. SABOTAGE OF NUCLEAR FACILITIES, FUEL, OR DES17 IGNATED MATERIAL. 

18 (a) IN GENERAL.—Section 236a. of the Atomic En19 ergy Act of 1954 (42 U.S.C. 2284(a)) is amended— 

20 (1) in paragraph (2), by striking ‘‘storage facil21 ity’’ and inserting ‘‘treatment, storage, or disposal 

22 facility’’; 

23 (2) in paragraph (3)— 
11 

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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 (3) 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 comma at the end and 

10 inserting a semicolon; and 

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

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

14 waste treatment, waste disposal, uranium enrich15 ment, uranium conversion, or nuclear fuel fabrica16 tion facility subject to licensing or certification 

17 under this Act during construction of the facility, if 

18 the destruction or damage caused or attempted to be 

19 caused could adversely affect public health and safe20 ty during the operation of 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 Commission that, before 
12 

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1 the date of the offense, the Commission determines, 

2 by order or regulation published in the Federal Reg3 ister, is of significance to the public health and safe4 ty or to common defense and security;’’. 

5 (b) CONFORMING AMENDMENT.—Section 236 of the 

6 Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended 

7 by striking ‘‘intentionally and willfully’’ each place it ap8 pears and inserting ‘‘knowingly’’. 

9 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

10 (a) SHORT TITLE.—This Act may be cited as the ‘‘Nu11 clear Security Act of 2005’’. 

12 (b) TABLE OF CONTENTS.—The table of contents of this 

13 Act is as follows: 

14

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. 

15 SEC. 2. DEFINITION OF COMMISSION. 

16 In this Act, the term ‘‘Commission’’ means the Nuclear 

17 Regulatory Commission. 
13 

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1 TITLE I—NUCLEAR SAFETY AND 

2 SECURITY 

3 SEC. 101. GENERAL PROVISIONS. 

4 Section 161 of the Atomic Energy Act of 1954 (42 

5 U.S.C. 2201) is amended— 

6 (1) by striking ‘‘SEC. 161’’ and all that follows 

7 through ‘‘authorized to—’’ and inserting the fol8 lowing: 

9 ‘‘SEC. 161. GENERAL PROVISIONS.’’; 

10 (2) in each of subsections a., b., c., d., e., f., h., 

11 i., j., m., n., o., p., s., t., v., and w., by inserting ‘‘In 

12 carrying out the duties of the Commission, the Com13 mission may’’ after the subsection designation; 

14 (3) in subsection u., by striking ‘‘(1) enter into’’ 

15 and inserting ‘‘In carrying out the duties of the Com16 mission, the Commission may— 

17 ‘‘(1) enter into’’; 

18 (4) in subsection x., by striking ‘‘Establish’’ and 

19 inserting ‘‘In carrying out the duties of the Commis20 sion, the Commission may establish’’; 

21 (5) in each of subsections a., b., c., d., e., f., h., 

22 j., m., n., s., and v., by striking the semicolon at the 

23 end and inserting a period; 

24 (6) in subsection o., by striking ‘‘; and’’ at the 

25 end and inserting a period; 
14 

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1 (7) in subsection t., by striking the semicolon at 

2 the end; and 

3 (8) by indenting each subdivision appropriately. 

4 SEC. 102. USE OF FIREARMS BY SECURITY PERSONNEL. 

5 The Atomic Energy Act of 1954 is amended by insert6 ing after section 161 (42 U.S.C. 2201) the following: 

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

8 ‘‘a. DEFINITIONS.—In this section, the terms ‘hand9 gun’, ‘rifle’, ‘shotgun’, ‘firearm’, ‘ammunition’, ‘machine10 gun’, ‘short-barreled shotgun’, and ‘short-barreled rifle’ have 

11 the meanings given the terms in section 921(a) of title 18, 

12 United States Code. 

13 ‘‘b. AUTHORIZATION.—Notwithstanding subsections 

14 (a)(4), (a)(5), (b)(2), (b)(4), and (o) of section 922 of title 

15 18, United States Code, section 925(d)(3) of title 18, United 

16 States Code, section 5844 of the Internal Revenue Code of 

17 1986, and any law (including regulations) of a State or 

18 a political subdivision of a State that prohibits the transfer, 

19 receipt, possession, transportation, importation, or use of 

20 a handgun, a rifle, a shotgun, a short-barreled shotgun, a 

21 short-barreled rifle, a machinegun, a semiautomatic assault 

22 weapon, ammunition for any such gun or weapon, or a 

23 large capacity ammunition feeding device, in carrying out 

24 the duties of the Commission, the Commission may author25 ize the security personnel of any licensee or certificate hold-
15 

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1 er of the Commission (including an employee of a con2 tractor of such a licensee or certificate holder) to transfer, 

3 receive, possess, transport, import, and use 1 or more such 

4 guns, weapons, ammunition, or devices, if the Commission 

5 determines that— 

6 ‘‘(1) the authorization is necessary to the dis7 charge of the official duties of the security personnel; 

8 and 

9 ‘‘(2) the security personnel— 

10 ‘‘(A) are not otherwise prohibited from pos11 sessing or receiving a firearm under Federal or 

12 State laws relating to possession of firearms by 

13 a certain category of persons; 

14 ‘‘(B) have successfully completed any re15 quirement under this section for training in the 

16 use of firearms and tactical maneuvers; 

17 ‘‘(C) are engaged in the protection of— 

18 ‘‘(i) a facility owned or operated by a 

19 licensee or certificate holder of the Commis20 sion that is designated by the Commission; 

21 or 

22 ‘‘(ii) radioactive material or other 

23 property owned or possessed by a licensee or 

24 certificate holder of the Commission, or that 

25 is being transported to or from a facility 
16 

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1 owned or operated by such a licensee or cer2 tificate holder, and that has been deter3 mined by the Commission to be of signifi4 cance to the common defense and security or 

5 public health and safety; and 

6 ‘‘(D) are discharging the official duties of 

7 the security personnel in transferring, receiving, 

8 possessing, transporting, or importing the weap9 ons, ammunition, or devices. 

10 ‘‘c. BACKGROUND CHECKS.—A person that receives, 

11 possesses, transports, imports, or uses a weapon, ammuni12 tion, or a device under subsection (b) shall be subject to 

13 a background check by the Attorney General, based on fin14 gerprints and including a background check under section 

15 103(b) of the Brady Handgun Violence Prevention Act 

16 (Public Law 103–159; 18 U.S.C. 922 note) to determine 

17 whether the person is prohibited from possessing or receiv18 ing a firearm under Federal or State law. 

19 ‘‘d. EFFECTIVE DATE.—This section takes effect on the 

20 date on which guidelines are issued by the Commission, 

21 with the approval of the Attorney General, to carry out this 

22 section.’’ 
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1 SEC. 103. FINGERPRINTING AND CRIMINAL HISTORY 

2 RECORD CHECKS. 

3 Section 149 of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2169) is amended— 

5 (1) in subsection a.— 

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

7 that follows through ‘‘section 147.’’ and inserting 

8 the following: 

9 ‘‘a.(1)(A)(i) The Commission shall require each indi10 vidual or entity described in clause (ii) to fingerprint each 

11 individual described in subparagraph (B) before the indi12 vidual described in subparagraph (B) is permitted access 

13 under subparagraph (B). 

14 ‘‘(ii) The individuals and entities referred to in clause 

15 (i) are individuals and entities that, on or before the date 

16 on which an individual is permitted access under subpara17 graph (B)— 

18 ‘‘(I) are licensed or certified to engage in an ac19 tivity subject to regulation by the Commission; 

20 ‘‘(II) have filed an application for a license or 

21 certificate to engage in an activity subject to regula22 tion by the Commission; or 

23 ‘‘(III) have notified the Commission in writing 

24 of an intent to file an application for licensing, cer25 tification, permitting, or approval of a product or ac26 tivity subject to regulation by the Commission. 
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1 ‘‘(B) The Commission shall require to be fingerprinted 

2 any individual who— 

3 ‘‘(i) is permitted unescorted access to— 

4 ‘‘(I) a utilization facility; or 

5 ‘‘(II) radioactive material or other property 

6 subject to regulation by the Commission that the 

7 Commission determines to be of such significance 

8 to the public health and safety or the common 

9 defense and security as to warrant 

10 fingerprinting and background checks; or 

11 ‘‘(ii) is permitted access to safeguards informa12 tion under section 147.’’; 

13 (B) by striking ‘‘All fingerprints obtained 

14 by a licensee or applicant as required in the pre15 ceding sentence’’ and inserting the following: 

16 ‘‘(2) All fingerprints obtained by an individual or en17 tity as required in paragraph (1)’’; 

18 (C) by striking ‘‘The costs of any identifica19 tion and records check conducted pursuant to the 

20 preceding sentence shall be paid by the licensee 

21 or applicant.’’ and inserting the following: 

22 ‘‘(3) The costs of an identification or records check 

23 under paragraph (2) shall be paid by the individual or en24 tity required to conduct the fingerprinting under paragraph 

25 (1)(A).’’; and 
19 

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1 (D) by striking ‘‘Notwithstanding any other 

2 provision of law, the Attorney General may pro3 vide all the results of the search to the Commis4 sion, and, in accordance with regulations pre5 scribed under this section, the Commission may 

6 provide such results to licensee or applicant sub7 mitting such fingerprints.’’ and inserting the fol8 lowing: 

9 ‘‘(4) Notwithstanding any other provision of law— 

10 ‘‘(A) the Attorney General may provide any re11 sult of an identification or records check under para12 graph (2) to the Commission; and 

13 ‘‘(B) the Commission, in accordance with regula14 tions prescribed under this section, may provide the 

15 results to the individual or entity required to conduct 

16 the fingerprinting under paragraph (1)(A).’’; 

17 (2) in subsection c.— 

18 (A) by striking ‘‘, subject to public notice 

19 and comment, regulations—’’ and inserting ‘‘re20 quirements—’’; and 

21 (B) in paragraph (2)(B), by striking 

22 ‘‘unescorted access to the facility of a licensee or 

23 applicant’’ and inserting ‘‘unescorted access to a 

24 utilization facility, radioactive material, or other 

25 property described in subsection a.(1)(B)’’; 
20 

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1 (3) by redesignating subsection d. as subsection 

2 e.; and 

3 (4) by inserting after subsection c. the following: 

4 ‘‘d. The Commission may require a person or indi5 vidual to conduct fingerprinting under subsection a.(1) by 

6 authorizing or requiring the use of any alternative biomet7 ric method for identification that has been approved by— 

8 ‘‘(1) the Attorney General; and 

9 ‘‘(2) the Commission, by regulation.’’. 

10 SEC. 104. SECURITY EVALUATIONS; DESIGN BASIS THREAT 

11 RULEMAKING. 

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

13 Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding 

14 at the end the following: 

15 ‘‘SEC. 170C. SECURITY EVALUATIONS. 

16 ‘‘a. SECURITY RESPONSE EVALUATIONS.—Not less 

17 often than once every 3 years, the Commission shall conduct 

18 security evaluations at each licensed facility that is part 

19 of a class of licensed facilities, as the Commission considers 

20 to be appropriate to assess the ability of a private security 

21 force of a licensed facility to defend against any applicable 

22 design basis threat. 

23 ‘‘b. FORCE-ON-FORCE EXERCISES.—(1) The security 

24 evaluations shall include force-on-force exercises. 
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1 ‘‘(2) The force-on-force exercises shall, to the maximum 

2 extent practicable, simulate security threats in accordance 

3 with any design basis threat applicable to a facility. 

4 ‘‘(3) In conducting a security evaluation, the Commis5 sion shall mitigate any potential conflict of interest that 

6 could influence the results of a force-on-force exercise, as the 

7 Commission determines to be necessary and appropriate. 

8 ‘‘c. ACTION BY LICENSEES.—The Commission shall en9 sure that an affected licensee corrects any defect in perform10 ance identified by the Commission in a security response 

11 evaluation. 

12 ‘‘d. FACILITIES UNDER HEIGHTENED THREAT LEV13 ELS.—The Commission may suspend a security evaluation 

14 under this section if the Commission determines that the 

15 evaluation would compromise security at a nuclear facility 

16 under a heightened threat level. 

17 ‘‘e. REPORT.—Not less often than once each year, the 

18 Commission shall submit to the Committee on Environment 

19 and Public Works of the Senate and the Committee on En20 ergy and Commerce of the House of Representatives a re21 port, in classified form and unclassified form, that describes 

22 the results of each security response evaluation conducted 

23 and any relevant corrective action taken by a licensee dur24 ing the previous year. 
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1 ‘‘SEC. 170D. DESIGN BASIS THREAT RULEMAKING. 

2 ‘‘The Commission shall— 

3 ‘‘(1) not later than 90 days after the date of en4 actment of this section, initiate a rulemaking pro5 ceeding, to be completed not later than 18 months 

6 after that date, to revise the design basis threats of the 

7 Commission; or 

8 ‘‘(2) not later than 18 months after the date of 

9 enactment of this section, complete any ongoing rule10 making to revise the design basis threats.’’. 

11 (b) CONFORMING AMENDMENT.—The table of sections 

12 of the Atomic Energy Act of 1954 is amended by adding 

13 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.’’. 

14 SEC. 105. UNAUTHORIZED INTRODUCTION OF DANGEROUS 

15 WEAPONS. 

16 Section 229 of the Atomic Energy Act of 1954 (42 

17 U.S.C. 2278a) is amended— 

18 (1) by striking ‘‘SEC. 229, TRESPASS UPON

19 COMMISSION INSTALLATIONS.—’’ and inserting the 

20 following: 

21 ‘‘SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.’’; 

22 (2) by adjusting the indentations of subsections 

23 a., b., and c. so as to reflect proper subsection inden24 tations; and 
23 

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1 (3) in subsection a.— 

2 (A) in the first sentence, by striking ‘‘a. 

3 The’’ and inserting the following: 

4 ‘‘a.(1) The’’; 

5 (B) in the second sentence, by striking 

6 ‘‘Every’’ and inserting the following: 

7 ‘‘(2) Every’’; and 

8 (C) in paragraph (1) (as designated by sub9 paragraph (A))— 

10 (i) by striking ‘‘or in the custody’’ and 

11 inserting ‘‘in the custody’’; and 

12 (ii) by inserting ‘‘, or subject to the li13 censing authority of the Commission or cer14 tification by the Commission under this Act 

15 or any other Act’’ before the period. 

16 SEC. 106. SABOTAGE OF NUCLEAR FACILITIES, FUEL, OR 

17 DESIGNATED MATERIAL. 

18 (a) IN GENERAL.—Section 236a. of the Atomic Energy 

19 Act of 1954 (42 U.S.C. 2284(a)) is amended— 

20 (1) in paragraph (2), by striking ‘‘storage facil21 ity’’ and inserting ‘‘treatment, storage, or disposal fa22 cility’’; 

23 (2) in paragraph (3)— 
24 

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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 (3) 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 comma at the end and 

10 inserting a semicolon; and 

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

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

14 waste treatment, waste disposal, uranium enrichment, 

15 uranium conversion, or nuclear fuel fabrication facil16 ity subject to licensing or certification under this Act 

17 during construction of the facility, if the destruction 

18 or damage caused or attempted to be caused could ad19 versely affect public health and safety during the op20 eration of 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 Commission that, before 
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1 the date of the offense, the Commission determines, by 

2 order or regulation published in the Federal Register, 

3 is of significance to the public health and safety or to 

4 common defense and security;’’. 

5 (b) CONFORMING AMENDMENT.—Section 236 of the 

6 Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended 

7 by striking ‘‘intentionally and willfully’’ each place it ap8 pears and inserting ‘‘knowingly’’. 

9 SEC. 107. WHISTLEBLOWER PROTECTION. 

10 (a) DEFINITION OF EMPLOYER.—Section 211(a)(2) of 

11 the Energy Reorganization Act of 1974 (42 U.S.C.. 

12 5851(a)(2)) is amended— 

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

14 the end; 

15 (2) in subparagraph (D), by striking ‘‘that is in16 demnified’’ and all that follows through ‘‘12344.’’ and 

17 inserting ‘‘or the Commission; and’’; and 

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

19 ‘‘(E) the Commission.’’. 

20 (b) DE NOVO JUDICIAL DETERMINATION.—Section 

21 211(b) of the Energy Reorganization Act of 1974 (42 

22 U.S.C.. 5851(b)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(4) DE NOVO JUDICIAL DETERMINATION.—A 

25 claimant may bring a civil action in any United 
26 

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1 States district court for a de novo determination of 

2 a claim under paragraph (1) if the Secretary does 

3 not— 

4 ‘‘(A) issue a final decision relating to the 

5 claim within 1 year after the date on which a 

6 complaint is filed; and 

7 ‘‘(B) establish that a delay described in sub8 paragraph (A) is caused by bad faith of the 

9 claimant.’’. 

10 SEC. 108. OFFICE OF NUCLEAR SECURITY AND INCIDENT 

11 RESPONSE. 

12 (a) ESTABLISHMENT.—Title II of the Energy Reorga13 nization Act of 1974 (42 U.S.C. 5841 et seq.) is amended 

14 by adding at the end the following: 

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

16 RESPONSE. 

17 ‘‘(a) ESTABLISHMENT.—There is established in the 

18 Commission an Office of Nuclear Security and Incident Re19 sponse (referred to in this section as the ‘Office’). 

20 ‘‘(b) DIRECTOR.— 

21 ‘‘(1) IN GENERAL.—The Office shall be headed by 

22 a Director of Nuclear Security and Incident Response 

23 (referred to in this section as the ‘Director’). 

24 ‘‘(2) APPOINTMENT.—The Director shall be ap25 pointed by the Commission. 
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1 ‘‘(3) DUTIES.—The Director shall— 

2 ‘‘(A) report to the Commission in accord3 ance with section 209; and 

4 ‘‘(B) perform such actions as the Commis5 sion may delegate to the Director. 

6 ‘‘(4) TERMS OF SERVICE.—The Director shall 

7 serve at the pleasure of, and be removable by, the 

8 Commission.’’. 

9 (b) REORGANIZATION PLAN.—Section 1(b)(2) of Reor10 ganization Plan No. 1 of 1980 (adopted pursuant to the 

11 Reorganization Act Amendments of 1984 (5 U.S.C. 901 et 

12 seq.)) is amended— 

13 (1) by redesignating clauses (iv) and (v) as (v) 

14 and (vi), respectively; and 

15 (2) by inserting after clause (iii) the following: 

16 ‘‘(iv) Director of Nuclear Security and 

17 Incident Response;’’. 

18 SEC. 109. SPENT FUEL RODS AND SEGMENTS. 

19 (a) GUIDELINES.—Not later than 1 year after the date 

20 of enactment of this Act, the Commission shall establish— 

21 (1) specific and uniform guidelines for tracking, 

22 controlling, and accounting for individual spent fuel 

23 rods or segments at nuclear power plants, including 

24 procedures for conducting physical inventories; and 
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1 (2) uniform inspection procedures to verify any 

2 action taken by a nuclear power plant to implement 

3 those guidelines. 

4 (b) REPORT.—Not later than 180 days after the date 

5 of enactment of this Act, the Commission shall submit to 

6 Congress a report describing the progress of the Commission 

7 in establishing the guidelines under subsection (a). 

8 TITLE II—DIRTY BOMB 

9 PREVENTION 

10 SEC. 201. RADIATION SOURCE PROTECTION. 

11 (a) AMENDMENT.—Chapter 14 of the Atomic Energy 

12 Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section 

13 104(a)) is amended by adding at the end the following: 

14 ‘‘SEC. 170E. RADIATION SOURCE PROTECTION. 

15 ‘‘a. DEFINITIONS.—In this section: 

16 ‘‘(1) CODE OF CONDUCT.—The term ‘Code of 

17 Conduct’ means the code entitled the ‘Code of Conduct 

18 on the Safety and Security of Radioactive Sources’, 

19 approved by the Board of Governors of the Inter20 national Atomic Energy Agency and dated September 

21 8, 2003. 

22 ‘‘(2) RADIATION SOURCE.—The term ‘radiation 

23 source’ means— 

24 ‘‘(A) a Category 1 Source or a Category 2 

25 Source, as defined in the Code of Conduct; and 
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1 ‘‘(B) any other material that poses a threat 

2 such that the material is subject to this section, 

3 as determined by the Commission, by regulation. 

4 ‘‘b. COMMISSION APPROVAL.—Not later than 180 days 

5 after the date of enactment of this section, the Commission 

6 shall issue regulations prohibiting a person from— 

7 ‘‘(1) exporting a radiation source, unless the 

8 Commission has specifically determined under section 

9 57 or 82, consistent with the Code of Conduct, with 

10 respect to the exportation, that— 

11 ‘‘(A) the recipient of the radiation source 

12 may receive and possess the radiation source 

13 under the laws and regulations of the country of 

14 the recipient; 

15 ‘‘(B) the recipient country has the appro16 priate technical and administrative capability, 

17 resources, and regulatory structure to ensure that 

18 the radiation source will be managed in a safe 

19 and secure manner; and 

20 ‘‘(C) before the date on which the radiation 

21 source is shipped— 

22 ‘‘(i) a notification has been provided to 

23 the recipient country; and 
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1 ‘‘(ii) a notification has been received 

2 from the recipient country, as the Commis3 sion determines to be appropriate; 

4 ‘‘(2) importing a radiation source, unless the 

5 Commission has determined, with respect to the im6 portation, that— 

7 ‘‘(A) the proposed recipient is authorized by 

8 law to receive the radiation source; and 

9 ‘‘(B) the shipment will be made in accord10 ance with any applicable Federal or State law 

11 or regulation; and 

12 ‘‘(3) selling or otherwise transferring ownership 

13 of a radiation source, unless the Commission— 

14 ‘‘(A) has determined that the licensee has 

15 verified that the proposed recipient is authorized 

16 under law to receive the radiation source; and 

17 ‘‘(B) has required that the transfer shall be 

18 made in accordance with any applicable Federal 

19 or State law or regulation. 

20 ‘‘c. TRACKING SYSTEM.—(1)(A) Not later than 1 year 

21 after the date of enactment of this section, the Commission 

22 shall issue regulations establishing a mandatory tracking 

23 system for radiation sources in the United States. 

24 ‘‘(B) In establishing the tracking system under sub25 paragraph (A), the Commission shall coordinate with the 
31 

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1 Secretary of Transportation to ensure compatibility, to the 

2 maximum extent practicable, between the tracking system 

3 and any system established by the Secretary of Transpor4 tation to track the shipment of radiation sources. 

5 ‘‘(2) The tracking system under paragraph (1) shall— 

6 ‘‘(A) enable the identification of each radi7 ation source by serial number or other unique 

8 identifier; 

9 ‘‘(B) require reporting within 7 days of any 

10 change of ownership or geographic location of a 

11 radiation source; 

12 ‘‘(C) require reporting within 24 hours of 

13 any loss of control of, or accountability for, a ra14 diation source; and 

15 ‘‘(D) provide for reporting under subpara16 graphs (B) and (C) through a secure Internet 

17 connection. 

18 ‘‘d. PENALTY.—A violation of a regulation issued 

19 under subsection a. or b. shall be punishable by a civil pen20 alty not to exceed $1,000,000. 

21 ‘‘e. NATIONAL ACADEMY OF SCIENCES STUDY.—(1) 

22 Not later than 60 days after the date of enactment of this 

23 section, the Commission shall enter into an arrangement 

24 with the National Academy of Sciences under which the Na-
32 

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1 tional Academy of Sciences shall conduct a study of indus2 trial, research, and commercial uses for radiation sources. 

3 ‘‘(2) The study under paragraph (1) shall include a 

4 review of uses of radiation sources in existence on the date 

5 on which the study is conducted, including an identification 

6 of any industrial or other process that— 

7 ‘‘(A) uses a radiation source that could be re8 placed with an economically and technically equiva9 lent (or improved) process that does not require the 

10 use of a radiation source; or 

11 ‘‘(B) may be used with a radiation source that 

12 would pose a lower risk to public health and safety 

13 in the event of an accident or attack involving the ra14 diation source. 

15 ‘‘(3) Not later than 2 years after the date of enactment 

16 of this section, the Commission shall submit to Congress the 

17 results of the study under paragraph (1). 

18 ‘‘f. TASK FORCE ON RADIATION SOURCE PROTECTION

19 AND SECURITY.—(1) There is established a task force on 

20 radiation source protection and security (referred to in this 

21 section as the ‘task force’). 

22 ‘‘(2)(A) The chairperson of the task force shall be the 

23 Chairperson of the Commission (or a designee). 

24 ‘‘(B) The membership of the task force shall consist of 

25 the following: 
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1 ‘‘(i) The Secretary of Homeland Security (or a 

2 designee). 

3 ‘‘(ii) The Secretary of Defense (or a designee). 

4 ‘‘(iii) The Secretary of Energy (or a designee). 

5 ‘‘(iv) The Secretary of Transportation (or a des6 ignee). 

7 ‘‘(v) The Attorney General (or a designee). 

8 ‘‘(vi) The Secretary of State (or a designee). 

9 ‘‘(vii) The Director of National Intelligence (or a 

10 designee). 

11 ‘‘(viii) The Director of the Central Intelligence 

12 Agency (or a designee). 

13 ‘‘(ix) The Director of the Federal Emergency 

14 Management Agency (or a designee). 

15 ‘‘(x) The Director of the Federal Bureau of In16 vestigation (or a designee). 

17 ‘‘(3)(A) The task force, in consultation with Federal, 

18 State, and local agencies, the Conference of Radiation Con19 trol Program Directors, and the Organization of Agreement 

20 States, and after public notice and an opportunity for com21 ment, shall evaluate, and provide recommendations relating 

22 to, the security of radiation sources in the United States 

23 from potential terrorist threats, including acts of sabotage, 

24 theft, or use of a radiation source in a radiological dispersal 

25 device. 
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1 ‘‘(B) Not later than 1 year after the date of enactment 

2 of this section, and not less than once every 4 years there3 after, the task force shall submit to Congress and the Presi4 dent a report, in unclassified form with a classified annex 

5 if necessary, providing recommendations, including rec6 ommendations for appropriate regulatory and legislative 

7 changes, for— 

8 ‘‘(i) a list of additional radiation sources that 

9 should be required to be secured under this Act, based 

10 on the potential attractiveness of the sources to terror11 ists and the extent of the threat to public health and 

12 safety of the sources, taking into consideration— 

13 ‘‘(I) radiation source radioactivity levels; 

14 ‘‘(II) radioactive half-life of a radiation 

15 source; 

16 ‘‘(III) dispersability; 

17 ‘‘(IV) chemical and material form; 

18 ‘‘(V) for radioactive materials with a med19 ical use, the availability of the sources to physi20 cians and patients for medical treatment; and 

21 ‘‘(VI) any other factor that the Chairperson 

22 of the Commission determines to be appropriate; 

23 ‘‘(ii) the establishment of, or modifications to, a 

24 national system for recovery of lost or stolen radi25 ation sources; 
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1 ‘‘(iii) the storage of radiation sources that are 

2 not used in a safe and secure manner as of the date 

3 on which the report is submitted; 

4 ‘‘(iv) modifications to the national tracking sys5 tem for radiation sources; 

6 ‘‘(v) the establishment of, or modifications to, a 

7 national system (including user fees and other meth8 ods) to provide for the proper disposal of radiation 

9 sources secured under this Act; 

10 ‘‘(vi) modifications to export controls on radi11 ation sources to ensure that foreign recipients of radi12 ation sources are able and willing to adequately con13 trol radiation sources from the United States; 

14 ‘‘(vii)(I) any alternative technologies available 

15 as of the date on which the report is submitted that 

16 may perform some or all of the functions performed 

17 by devices or processes that employ radiation sources; 

18 and 

19 ‘‘(II) the establishment of appropriate regula20 tions and incentives for the replacement of the devices 

21 and processes described in subclause (I)— 

22 ‘‘(aa) with alternative technologies in order 

23 to reduce the number of radiation sources in the 

24 United States; or 
36 

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1 ‘‘(bb) with radiation sources that would 

2 pose a lower risk to public health and safety in 

3 the event of an accident or attack involving the 

4 radiation source; and 

5 ‘‘(viii) the creation of, or modifications to, proce6 dures for improving the security of use, transpor7 tation, and storage of radiation sources, including— 

8 ‘‘(I) periodic audits or inspections by the 

9 Commission to ensure that radiation sources are 

10 properly secured and can be fully accounted for; 

11 ‘‘(II) evaluation of the security measures by 

12 the Commission; 

13 ‘‘(III) increased fines for violations of Com14 mission regulations relating to security and safe15 ty measures applicable to licensees that possess 

16 radiation sources; 

17 ‘‘(IV) criminal and security background 

18 checks for certain individuals with access to ra19 diation sources (including individuals involved 

20 with transporting radiation sources); 

21 ‘‘(V) requirements for effective and timely 

22 exchanges of information relating to the results 

23 of criminal and security background checks be24 tween the Commission and any State with which 
37 

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1 the Commission has entered into an agreement 

2 under section 274 b.; 

3 ‘‘(VI) assurances of the physical security of 

4 facilities that contain radiation sources (includ5 ing facilities used to temporarily store radiation 

6 sources being transported); and 

7 ‘‘(VII) the screening of shipments to facili8 ties that the Commission determines to be par9 ticularly at risk for sabotage of radiation sources 

10 to ensure that the shipments do not contain ex11 plosives. 

12 ‘‘g. ACTION BY COMMISSION.—Not later than 60 days 

13 after the date of receipt by Congress and the President of 

14 a report under subsection f.(3)(B), the Commission, in ac15 cordance with the recommendations of the task force, 

16 shall— 

17 ‘‘(1) take any action the Commission determines 

18 to be appropriate, including revising the system of the 

19 Commission for licensing radiation sources; and 

20 ‘‘(2) ensure that States that have entered into 

21 agreements with the Commission under section 274 b. 

22 take similar action in a timely manner.’’. 

23 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

24 sections of the Atomic Energy Act of 1954 (as amended by 
38 

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1 section 104(b)) is amended by adding at the end of the items 

2 relating to chapter 14 the following: 

‘‘Sec. 170E. Radiation source protection.’’. 

3 SEC. 202. TREATMENT OF ACCELERATOR-PRODUCED AND 

4 OTHER RADIOACTIVE MATERIAL AS BYPROD5 UCT MATERIAL. 

6 (a) DEFINITION OF BYPRODUCT MATERIAL.—Section 

7 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) 

8 is amended— 

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

10 inserting the following: ‘‘means— 

11 ‘‘(1) any radioactive’’; 

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

13 and inserting the following: ‘‘material; 

14 ‘‘(2) the tailings’’; and 

15 (3) by striking ‘‘content.’’ and inserting the fol16 lowing: ‘‘content; 

17 ‘‘(3)(A) any discrete source of radium-226 that 

18 is produced, extracted, or converted after extraction, 

19 before, on, or after the date of enactment of this para20 graph for use for a commercial, medical, or research 

21 activity; or 

22 ‘‘(B) any material that— 

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

24 particle accelerator; and 
39 

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

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

3 enactment of this paragraph for use for a com4 mercial, medical, or research activity; and 

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

6 radioactive material, other than source material, 

7 that— 

8 ‘‘(A) the Commission, in consultation with 

9 the Administrator of the Environmental Protec10 tion Agency, the Secretary of Energy, the Sec11 retary of Homeland Security, and the head of 

12 any other appropriate Federal agency, deter13 mines would pose a threat similar to the threat 

14 posed by a discrete source of radium-226 to the 

15 public health and safety or the common defense 

16 and security; and 

17 ‘‘(B) before, on, or after the date of enact18 ment of this paragraph is extracted or converted 

19 after extraction for use in a commercial, med20 ical, or research activity.’’. 

21 (b) AGREEMENTS WITH GOVERNORS.—Section 274 b. 

22 of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) is 

23 amended by striking ‘‘State—’’ and all that follows through 

24 paragraph (4) and inserting the following: ‘‘State: 
40 

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1 ‘‘(1) Byproduct materials (as defined in section 

2 11 e.). 

3 ‘‘(2) Source materials. 

4 ‘‘(3) Special nuclear materials in quantities not 

5 sufficient to form a critical mass.’’. 

6 (c) WASTE DISPOSAL.— 

7 (1) DOMESTIC DISTRIBUTION.—Section 81 of the 

8 Atomic Energy Act of 1954 (42 U.S.C. 2111) is 

9 amended— 

10 (A) by striking ‘‘No person may’’ and in11 serting the following: 

12 ‘‘a. IN GENERAL.—No person may’’; and 

13 (B) by adding at the end the following: 

14 ‘‘b. REQUIREMENTS.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), byproduct material, as defined in para17 graphs (3) and (4) of section 11 e., may only be 

18 transferred to and disposed of in a disposal facility 

19 that— 

20 ‘‘(A) is adequate to protect public health 

21 and safety; and 

22 ‘‘(B)(i) is licensed by the Commission; or 

23 ‘‘(ii) is licensed by a State that has entered 

24 into an agreement with the Commission under 

25 section 274 b., if the licensing requirements of 
41 

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1 the State are compatible with the licensing re2 quirements of the Commission. 

3 ‘‘(2) EFFECT OF SUBSECTION.—Nothing in this 

4 subsection affects the authority of any entity to dis5 pose of byproduct material, as defined in paragraphs 

6 (3) and (4) of section 11 e., at a disposal facility in 

7 accordance with any Federal or State solid or haz8 ardous waste law, including the Solid Waste Disposal 

9 Act (42 U.S.C. 6901 et seq.). 

10 ‘‘c. TREATMENT AS LOW-LEVEL RADIOACTIVE

11 WASTE.—Byproduct material, as defined in paragraphs (3) 

12 and (4) of section 11 e., disposed of under this section shall 

13 not be considered to be low-level radioactive waste for the 

14 purposes of— 

15 ‘‘(1) section 2 of the Low-Level Radioactive 

16 Waste Policy Act (42 U.S.C. 2021b); or 

17 ‘‘(2) carrying out a compact that is— 

18 ‘‘(A) entered into in accordance with that 

19 Act (42 U.S.C. 2021b et seq.); and 

20 ‘‘(B) approved by Congress.’’. 

21 (2) DEFINITION OF LOW-LEVEL RADIOACTIVE

22 WASTE.—Section 2(9) of the Low-Level Radioactive 

23 Waste Policy Act (42 U.S.C. 2021b(9)) is amended— 
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1 (A) by redesignating subparagraphs (A) 

2 and (B) as clauses (i) and (ii), respectively, and 

3 indenting the clauses appropriately; 

4 (B) in the matter preceding clause (i) (as 

5 redesignated by subparagraph (A)) by striking 

6 ‘‘The term’’ and inserting the following: 

7 ‘‘(A) IN GENERAL.—The term’’; and 

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

9 ‘‘(B) EXCLUSION.—The term ‘low-level ra10 dioactive waste’ does not include byproduct ma11 terial (as defined in paragraphs (3) and (4) of 

12 section 11 e. of the Atomic Energy Act of 1954 

13 (42 U.S.C. 2014(e)).’’. 

14 (d) FINAL REGULATIONS.— 

15 (1) REGULATIONS.— 

16 (A) IN GENERAL.—Not later than 18 

17 months after the date of enactment of this Act, 

18 the Commission, after consultation with States 

19 and other stakeholders, shall issue final regula20 tions establishing such requirements as the Com21 mission determines to be necessary to carry out 

22 this Act and the amendments made by this Act. 

23 (B) INCLUSIONS.—The regulations shall in24 clude a definition of the term ‘‘discrete source’’ 

25 for purposes of paragraphs (3) and (4) of section 
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1 11 e. of the Atomic Energy Act of 1954 (42 

2 U.S.C. 2014(e)) (as amended by subsection (a)). 

3 (2) COOPERATION.—In promulgating regulations 

4 under paragraph (1), the Commission shall, to the 

5 maximum extent practicable— 

6 (A) cooperate with States; and 

7 (B) use model State standards in existence 

8 on the date of enactment of this Act. 

9 (3) TRANSITION PLAN.— 

10 (A) DEFINITION OF BYPRODUCT MATE11 RIAL.—In this paragraph, the term ‘‘byproduct 

12 material’’ has the meaning given the term in 

13 paragraphs (3) and (4) of section 11 e. of the 

14 Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) 

15 (as amended by subsection (a)). 

16 (B) PREPARATION AND PUBLICATION.—To 

17 facilitate an orderly transition of regulatory au18 thority with respect to byproduct material, the 

19 Commission, in issuing regulations under para20 graph (1), shall prepare and publish a transition 

21 plan for— 

22 (i) States that have not, before the date 

23 on which the plan is published, entered into 

24 an agreement with the Commission under 
44 

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1 section 274 b. of the Atomic Energy Act of 

2 1954 (42 U.S.C. 2021(b)); and 

3 (ii) States that have entered into an 

4 agreement with the Commission under that 

5 section before the date on which the plan is 

6 published. 

7 (C) INCLUSIONS.—The transition plan 

8 under subparagraph (B) shall include— 

9 (i) a description of the conditions 

10 under which a State may exercise authority 

11 over byproduct material; and 

12 (ii) a statement of the Commission 

13 that any agreement covering byproduct ma14 terial, as defined in paragraph (1) or (2) of 

15 section 11e. of the Atomic Energy Act of 

16 1954 (42 U.S.C. 2014(e)), entered into be17 tween the Commission and a State under 

18 section 274 b. of that Act (42 U.S.C. 

19 2021(b)) before the date of publication of the 

20 transition plan shall be considered to in21 clude byproduct material, as defined in 

22 paragraph (3) or (4) of section 11e. of that 

23 Act (42 U.S.C. 2014(e)) (as amended by 

24 subsection (a)), if the Governor of the State 
45 

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1 certifies to the Commission on the date of 

2 publication of the transition plan that— 

3 (I) the State has a program for li4 censing byproduct material, as defined 

5 in paragraph (3) or (4) of section 11e. 

6 of the Atomic Energy Act of 1954, that 

7 is adequate to protect the public health 

8 and safety, as determined by the Com9 mission; and 

10 (II) the State intends to continue 

11 to implement the regulatory responsi12 bility of the State with respect to the 

13 byproduct material. 

14 (4) AVAILABILITY OF RADIOPHARMA15 CEUTICALS.—In promulgating regulations under 

16 paragraph (1), the Commission shall consider the im17 pact on the availability of radiopharmaceuticals to— 

18 (A) physicians; and 

19 (B) patients the medical treatment of which 

20 relies on radiopharmaceuticals. 

21 (e) WAIVERS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the Commission may grant a waiver to 

24 any entity of any requirement under this section or 

25 an amendment made by this section with respect to 
46 

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1 a matter relating to byproduct material (as defined 

2 in paragraphs (3) and (4) of section 11 e. of the 

3 Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as 

4 amended by subsection (a))) if the Commission deter5 mines that the waiver is in accordance with the pro6 tection of the public health and safety and the pro7 motion of the common defense and security. 

8 (2) EXCEPTIONS.— 

9 (A) IN GENERAL.—The Commission may 

10 not grant a waiver under paragraph (1) with re11 spect to— 

12 (i) any requirement under the amend13 ments made by subsection (c)(1); 

14 (ii) a matter relating to an importa15 tion into, or exportation from, the United 

16 States for a period ending after the date 

17 that is 1 year after the date of enactment of 

18 this Act; or 

19 (iii) any other matter for a period end20 ing after the date that is 4 years after the 

21 date of enactment of this Act. 

22 (B) WAIVERS TO STATES.—The Commission 

23 shall terminate any waiver granted to a State 

24 under paragraph (1) if the Commission deter25 mines that— 
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1 (i) the State has entered into an agree2 ment with the Commission under section 

3 274 b. of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2021(b)); 

5 (ii) the agreement described in clause 

6 (i) covers byproduct material (as described 

7 in paragraph (3) or (4) of section 11 e. of 

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

9 2014(e)) (as amended by subsection (a))); 

10 and 

11 (iii) the program of the State for li12 censing such byproduct material is adequate 

13 to protect the public health and safety. 

14 (3) PUBLICATION.—The Commission shall pub15 lish in the Federal Register a notice of any waiver 

16 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 modrity, and for other purposes. ify provisions relating to nuclear safety and secuJULY 1, 2005 

Reported with an amendment