I 
108TH CONGRESS 
1ST SESSION H. R. 2708
To provide for the security of commercial nuclear power plants and facilities 
designated by the Nuclear Regulatory Commission. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2003
Mr. SAXTON introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide for the security of commercial nuclear power 
plants and facilities designated by the Nuclear Regu-
latory Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Infrastructure 
Security Act of 2003’’. 
SEC. 2. DEFINITIONS. 
Section 11 of the Atomic Energy Act of 1954 (42 
U.S.C. 2014) is amended—
(1) by redesignating subsection jj. as subsection 
ii.; and 
(2) by adding at the end the following: 
‘‘jj. DESIGNATED NUCLEAR FACILITY.—The term 
‘designated nuclear facility’ means—
‘‘(1) an operating commercial nuclear power 
plant; and 
‘‘(2) any other facility owned or operated by a 
licensee or certificate holder that the Commission 
determines should be included within the meaning of 
the term. 
‘‘kk. PRIVATE SECURITY FORCE.—The term ‘private 
security force’, with respect to a designated nuclear facil-
ity, means personnel hired or contracted by the licensee 
or certificate holder of the designated nuclear facility to 
provide security at the designated nuclear facility.’’. 
SEC. 3. DESIGNATED NUCLEAR FACILITY SECURITY. 
(a) IN GENERAL.—Chapter 14 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2201 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 170C. PROTECTION OF DESIGNATED NUCLEAR FA-
CILITIES. 
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CERTIFICATE HOLDER.—The term ‘certifi-
cate holder’ means the holder of a certificate of com-
pliance issued by the Commission. 
‘‘(2) FEDERAL SECURITY COORDINATOR.—The 
term ‘Federal security coordinator’ means the Fed-
eral security coordinator assigned to a regional office 
of the Commission. 
‘‘(3) DESIGN BASIS THREAT.—The term ‘design 
basis threat’ means the threat components or capa-
bility of an adversary against which a nuclear facil-
ity is responsible for defending under regulations, 
orders, or other directives of the Commission. 
‘‘(4) LICENSEE.—The term ‘licensee’ means the 
holder of a license issued by the Commission. 
‘‘(b) SECURITY EXAMINATION.—
‘‘(1) IN GENERAL.—The Commission, in coordi-
nation with the Secretary of Homeland Security and 
in consultation with other agencies and State and 
local governments as appropriate, shall examine—
‘‘(A) classification of threats against des-
ignated nuclear facilities as—
‘‘(i) a type of threat falling under the 
responsibilities of the Federal Government, 
including an act by an enemy of the
technical assistance and training for the Na-
tional Guard, State law enforcement agencies, 
and local law enforcement agencies to respond,
as appropriate, to threats against a designated 
nuclear facility, including recommendations for 
the establishment of a grant program to assist 
State and local governments in carrying out any 
recommended actions under this section. 
‘‘(2) REPORT.—Not later than 1 year after 
completion of the security examination under para-
graph (1), the Commission and the Secretary of 
Homeland Security shall submit to the President 
and Congress, in classified and unclassified form, a 
report with recommendations and findings. 
‘‘(c) REVISION OF DESIGN BASIS THREATS.—
‘‘(1) IN GENERAL.—Not later than 180 days 
after completion of the security examination under 
subsection (b), the Commission shall by regulation 
revise the design basis threats promulgated before 
the date of enactment of this section as the Commis-
sion determines to be appropriate based on the secu-
rity examination. 
‘‘(2) PROTECTION OF SAFEGUARDS INFORMA-
TION.—
‘‘(A) IN GENERAL.—In promulgating any 
regulations under this subsection, the Commis-
sion shall ensure protection of safeguards infor-
mation in accordance with section 147 and of 
classified national security information. 
‘‘(B) PROCEDURE.—Notwithstanding any 
requirement of chapter 5 of title 5, United 
States Code, or any other law, the Commission 
may conduct rulemaking under this subsection 
in a manner that fully protects safeguards in-
formation and classified national security infor-
mation. 
‘‘(d) THREAT LEVELS.—Not later than 150 days 
after the date of submission of the report under subsection 
(b)(2), the Commission shall establish a system for the 
determination of threat levels pertinent to—
‘‘(1) designated nuclear facilities; and 
‘‘(2) materials designated by the Commission. 
‘‘(e) SECURITY PLANS.—
‘‘(1) IN
GENERAL.—Pursuant to any action 
taken by the Commission under subsection (c)(1) to 
revise a design basis threat, not later than 1 year 
after the date of the revision, the Commission shall 
require each licensee or certificate holder of a des-
ignated nuclear facility to—
‘‘(A) revise the security plan to ensure that 
the designated nuclear facility protects against 
the appropriate design basis threats; and 
‘‘(B) submit the security plan to the Com-
mission for review. 
‘‘(2) REVIEW
SCHEDULE.—The Commission 
shall establish a priority schedule for conducting re-
views of security plans based on the proximity of the 
designated nuclear facility to large population areas. 
‘‘(3) UPGRADES TO SECURITY.—The Commis-
sion shall ensure that the licensee or certificate hold-
er of each designated nuclear facility makes any 
changes to security and the security plan required 
from the Commission review on a schedule estab-
lished by the Commission, but not to exceed 18 
months after completion of the review. 
‘‘(f) EMERGENCY RESPONSE PLANS.—
‘‘(1) IN GENERAL.—Not later than 21 months 
after the date of enactment of this section, the Com-
mission shall review, in consultation with the Sec-
retary of Homeland Security and, as appropriate, 
State and local governments, the emergency re-
sponse plans for each designated nuclear facility to 
ensure that each emergency response plan provides
for protection of persons in the emergency response 
planning zone. 
‘‘(2) ASPECTS OF REVIEW.—The Commission 
shall ensure that each emergency response plan pro-
vides, as appropriate to the type of designated nu-
clear facility, for—
‘‘(A) the protection of public health and 
safety, including the ability to implement pro-
tective measures; 
‘‘(B) clear definition and assignment of re-
sponsibilities of emergency response personnel; 
‘‘(C) notification procedures; 
‘‘(D) 
communication 
and 
coordination 
among emergency response personnel; 
‘‘(E) dissemination of information to the 
public, both prior to, and in the event of, a ra-
diological emergency; 
‘‘(F) adequate emergency facilities and 
equipment at and around the designated nu-
clear facility; 
‘‘(G) the use of methods, systems, and 
equipment for assessing and monitoring actual 
or potential impacts of an emergency; 
‘‘(H) a range of protective actions for the 
public;
‘‘(I) means for controlling radiological ex-
posures and other hazardous exposures for 
emergency response personnel;
‘‘(J) appropriate medical services for con-
taminated individuals; 
‘‘(K) general plans for recovery and re-
entry; and 
‘‘(L) 
radiological 
emergency 
response 
training. 
‘‘(3) SCHEDULE.—The Commission shall estab-
lish a priority schedule for conducting reviews of 
emergency response plans for designated nuclear fa-
cilities based on the proximity of such facilities to 
large population areas. 
‘‘(4) UPGRADES
TO
EMERGENCY
RESPONSE 
PLAN.—The Commission shall ensure that the li-
censee or certificate holder of each designated nu-
clear facility revises, as necessary, the emergency re-
sponse plan for review by the Commission on a 
schedule established by the Commission. 
‘‘(g) TRAINING PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 1 year after 
submission of the report under subsection (b)(2), the 
President shall establish, based on and consistent 
with the findings and recommendations contained in
the report submitted under subsection (b)(2), a pro-
gram to provide technical assistance and training for 
the National Guard and State and local law enforce-
ment agencies in responding to threats against a 
designated nuclear facility. 
‘‘(2) GRANTS.—The President may provide 
grants to State and local governments to assist in 
carrying out this section. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums 
as are necessary to carry out this subsection. 
‘‘(h) EMPLOYEE SECURITY.—
‘‘(1) REVIEW.—Not later than 180 days after 
the date of enactment of this section, the Commis-
sion shall review and update as appropriate the ac-
cess and training standards for employees of a des-
ignated nuclear facility. 
‘‘(2) DISQUALIFICATION OF INDIVIDUALS WHO 
PRESENT
NATIONAL
SECURITY
RISKS.—The Com-
mission shall establish qualifications and procedures, 
in addition to fingerprinting for criminal history 
record checks conducted under section 149, to en-
sure that no individual who presents a threat to na-
tional security is employed at a designated nuclear 
facility.
‘‘(i) FEDERAL SECURITY COORDINATORS.—
‘‘(1) REGIONAL OFFICES.—Not later than 180 
days after the date of enactment of this section, the 
Commission shall assign a Federal security coordi-
nator, under the employment of the Commission, to 
each region of the Commission. 
‘‘(2) RESPONSIBILITIES.—The Federal security 
coordinator shall be responsible for—
‘‘(A) communicating with the Commission 
and other Federal, State, and local authorities 
concerning threats, including threats against a 
designated nuclear facility; 
‘‘(B) ensuring that a designated nuclear 
facility maintains security consistent with the 
security plan in accordance with the appro-
priate threat level; and 
‘‘(C) assisting in the coordination of secu-
rity measures among—
‘‘(i) the private security force at a 
designated nuclear facility; and 
‘‘(ii) Federal, State, and local authori-
ties, as appropriate. 
‘‘(j) CLASSIFIED INFORMATION.—Nothing in this 
section supersedes any law (including a regulation) gov-
erning the disclosure of classified information or safe-
guards information.’’. 
(b) FINGERPRINTING
FOR
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 insert-
ing the following: 
‘‘a. IN GENERAL.—
‘‘(1) REQUIREMENTS.—The Commission shall 
require—
‘‘(A) each licensee, certificate holder, or 
applicant for a license or certificate to operate 
a utilization facility under section 103 or 
104(b); and 
‘‘(B) each licensee or applicant for a li-
cense to possess or use 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;
to fingerprint each individual who is permitted 
unescorted access to the facility, radioactive mate-
rial, or other property or is permitted access to safe-
guards information under section 147.’’; 
(B) by striking ‘‘All fingerprints’’ and in-
serting the following: 
‘‘(2) SUBMISSION
TO
THE
ATTORNEY
GEN-
ERAL.—All fingerprints’’; 
(C) by striking ‘‘The costs’’ and inserting 
the following; 
‘‘(3) COSTS.—The costs’’; 
(D) by striking ‘‘Notwithstanding’’ and in-
serting the following: 
‘‘(4) PROVISION
TO
LICENSEE, CERTIFICATE 
HOLDER, OR APPLICANT.—Notwithstanding’’; and 
(E) by striking ‘‘licensee or applicant’’ 
each place it appears and inserting ‘‘licensee, 
certificate holder, or applicant for a license or 
certificate’’; 
(2) in subsection c., by striking ‘‘, subject to 
public notice and comment, regulations’’ and insert-
ing ‘‘requirements’’; 
(3) by redesignating subsection d. as subsection 
e.; and
(4) by inserting after subsection c. the fol-
lowing:
‘‘d. USE OF OTHER BIOMETRIC METHODS.—Any re-
quirement for a person to conduct fingerprinting under 
this section may be satisfied by using any other biometric 
method used for identification by the Attorney General.’’. 
SEC. 4. OFFICE OF NUCLEAR SECURITY AND INCIDENT RE-
SPONSE. 
(a) IN GENERAL.—Title II of the Energy Reorga-
nization 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) DEFINITIONS.—In this section: 
‘‘(1) CERTIFICATE HOLDER.—The term ‘certifi-
cate holder’ has the meaning given the term in sec-
tion 170C(a) of the Atomic Energy Act of 1954. 
‘‘(2) DESIGNATED
NUCLEAR
FACILITY.—The 
term ‘designated nuclear facility’ has the meaning 
given the term in section 11 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2014). 
‘‘(3) DIRECTOR.—The term ‘Director’ means 
the Director of Nuclear Security and Incident Re-
sponse appointed under subsection (c) to head the 
Office.
‘‘(4) LICENSEE.—The term ‘licensee’ has the 
meaning given the term in section 170C(a) of the 
Atomic Energy Act of 1954. 
‘‘(5) OFFICE.—The term ‘Office’ means the Of-
fice of Nuclear Security and Incident Response es-
tablished by subsection (b). 
‘‘(b) ESTABLISHMENT OF OFFICE.—There is estab-
lished in the Commission the Office of Nuclear Security 
and Incident Response. 
‘‘(c) DIRECTOR.—
‘‘(1) APPOINTMENT.—The Commission may ap-
point and remove from office a Director of Nuclear 
Security and Incident Response. 
‘‘(2) DUTIES.—
‘‘(A) IN
GENERAL.—The Director shall 
perform such functions as the Commission dele-
gates to the Director. 
‘‘(B) FUNCTIONS.—The functions dele-
gated to the Director may include—
‘‘(i) carrying out security, safeguards, 
and incident responses relating to—
‘‘(I) any facility owned or oper-
ated by a Commission licensee or cer-
tificate holder;
tified under the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.); and 
‘‘(iv) developing and recommending 
standards and amendments to the stand-
ards of the Commission relating to the du-
ties described in clauses (i) through (iii); 
and 
‘‘(E) carrying out any other safeguards 
and physical security functions and incident re-
sponse functions that the Commission deter-
mines to be appropriate. 
‘‘(3) CONSULTATION.—In carrying out the du-
ties under paragraph (2), the Director shall, to the 
extent practicable, consult and coordinate with other 
Federal agencies. 
‘‘(d) SECURITY RESPONSE EVALUATIONS.—
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Commis-
sion shall establish a security response evaluation 
program to assess the ability of each designated nu-
clear facility to defend against threats in accordance 
with the security plan for the designated nuclear fa-
cility. 
‘‘(2) FREQUENCY OF EVALUATIONS.—Not less 
than once every 3 years, the Commission shall con-
formance identified by the Commission in 
the security response evaluation; and 
‘‘(ii) the Commission shall conduct an 
additional security response evaluation 
within 9 months to confirm that the li-
censee or certificate holder satisfies the 
performance criteria established under 
paragraph (5). 
‘‘(B) 2 CONSECUTIVE FAILURES TO SAT-
ISFY PERFORMANCE CRITERIA.—
‘‘(i) IN
GENERAL.—If a designated 
nuclear facility fails to satisfy the perform-
ance criteria established under paragraph 
(5) in 2 consecutive security response eval-
uations, the Commission shall issue an 
order specifying the corrective actions that 
must be taken by the licensee or certificate 
holder of the designated nuclear facility. 
‘‘(ii) FAILURE TO TAKE CORRECTIVE 
ACTION.—If the licensee or certificate hold-
er of a designated nuclear facility does not 
take the corrective action specified by the 
Commission within 30 days after the date 
of issuance of an order under clause (i), 
and the Commission determines that the
failure could compromise public health and 
safety, the Commission shall assess a civil 
penalty under section 234 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2282). 
‘‘(C) EFFECT.—Nothing in this paragraph 
limits any enforcement authority of the Com-
mission to take action in response to defi-
ciencies identified through security evaluations. 
‘‘(7) REPORTS.—Not less often than once every 
year, the Commission shall submit to Congress and 
the President a report, in classified form and unclas-
sified form, that describes the results of each secu-
rity response evaluation under this paragraph for 
the previous year. 
‘‘(e) EMERGENCY RESPONSE EXERCISES.—
‘‘(1) IN GENERAL.—Not less than once every 2 
years, the Commission, in coordination with the Sec-
retary of Homeland Security shall observe and 
evaluate emergency response exercises to assess the 
ability of Federal, State, and local emergency re-
sponse agencies and emergency response personnel 
of a licensee or certificate holder to respond to a ra-
diological emergency at the designated nuclear facil-
ity in accordance with the emergency response plans.
‘‘(2) ACTIVITIES.—In carrying out their func-
tions under paragraph (1), the Commission and the 
Secretary of Homeland Security shall evaluate—
‘‘(A) the response capabilities, response 
times, and coordination and communication ca-
pabilities of the response personnel; and 
‘‘(B) the effectiveness and adequacy of 
emergency response and the ability to take pro-
tective actions. 
‘‘(3) PLANS.—The Commission shall ensure 
that the emergency response plan for a designated 
nuclear facility is revised to correct for any defi-
ciencies identified by an evaluation under this sub-
section. 
‘‘(4) REPORTS.—Not less than once every year, 
the Commission shall submit to the President and 
Congress a report, in classified form and unclassified 
form, that describes—
‘‘(A) the results of each emergency re-
sponse exercise under this subsection conducted 
in the previous year; and 
‘‘(B) each revision of an emergency re-
sponse plan made under paragraph (3) for the 
previous year that is substantive in nature.
‘‘(f) EFFECT.—Nothing in this section limits any au-
thority of the Department of Energy relating to the secu-
rity and safeguarding of special nuclear materials, high-
level radioactive waste, and nuclear facilities resulting 
from all activities under the jurisdiction of the Depart-
ment.’’. 
(b) CONFORMING AMENDMENTS.—Title II of the En-
ergy Reorganization Act of 1974 is amended—
(1) in section 203(b) (42 U.S.C. 5843(b))—
(A) in paragraph (1), by striking ‘‘licens-
ing and regulation involving’’ and inserting ‘‘li-
censing, regulation, and, except as otherwise 
provided under section 212, carrying out safety 
reviews, safeguards, and physical security of’’; 
and 
(B) in paragraph (2), by striking ‘‘and 
safeguards’’; and 
(2) in section 204(b) (42 U.S.C. 5844(b))—
(A) in paragraph (1)—
(i) by striking ‘‘including’’ and insert-
ing ‘‘not including’’; and 
(ii) by striking ‘‘and materials.’’ and 
inserting ‘‘and materials, to the extent that 
the safeguards and security functions are 
delegated to the Office of Nuclear Security
and Incident Response under section 
212.’’. 
(B) in paragraph (2)—
(i) by striking ‘‘and safeguards’’; and 
(ii) by striking ‘‘, as amended,’’ and 
all that follows through the period and in-
serting ‘‘(42 U.S.C. 2011 et seq.)’’. 
SEC. 5. GUARDING OF NUCLEAR FACILITIES, EQUIPMENT, 
AND MATERIAL. 
(a) TRANSPORTING OF SHORT-BARRELED SHOTGUN 
OR RIFLE.—Section 922 of title 18, United States Code, 
is amended—
(1) in subsection (a)(4), by striking ‘‘or licensed 
collector,’’ and inserting the following: ‘‘licensed col-
lector, or a licensee or certificate holder under title 
I of the Atomic Energy Act of 1954 (42 U.S.C. 
2011 et seq.), or an employee or contractor of such 
a licensee or certificate holder, that holds the license 
or certificate for the purpose of establishing and 
maintaining an on-site physical protection system 
and security organization required by Federal law or 
for the purpose of licensee-authorized or certificate 
holder-authorized training or transportation of nu-
clear material or equipment,’’; and 
(2) in subsection (o)(2)—
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(C) a transfer to a licensee or certificate hold-
er under title I of the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.) for purposes of establishing 
and maintaining an on-site physical protection sys-
tem and security organization required by Federal 
law, or possession by an employee or contractor of 
the licensee or certificate holder on-site for such pur-
poses or off-site for purposes of licensee-authorized 
or certificate holder-authorized training or transpor-
tation of nuclear materials or equipment.’’. 
(b) AUTHORIZATION FOR IMPORTATION OF FIREARM 
OR AMMUNITION.—Section 925(d)(1) of title 18, United 
States Code, is amended—
(1) by inserting ‘‘(A)’’ before ‘‘is being’’; and 
(2) by inserting after the semicolon the fol-
lowing: ‘‘or 
‘‘(B) is being imported or brought in for trans-
fer to a licensee or certificate holder under title I of 
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.) for purposes of establishing and maintaining
an on-site physical protection system and security 
organization required by Federal law;’’. 
(c) INTERSTATE TRANSPORTATION OF FIREARMS.—
Section 926A of title 18, United States Code, is amend-
ed—
(1) by striking ‘‘Notwithstanding’’ and insert-
ing the following: 
‘‘(a) IN GENERAL.—Notwithstanding’’; and 
(2) by adding at the end the following: 
‘‘(b) LICENSEES
AND CERTIFICATE HOLDERS
OF 
THE
NUCLEAR
REGULATORY
COMMISSION.—Notwith-
standing any other provision of any law or any rule or 
regulation of a State or any political subdivision of a 
State, a licensee or certificate holder under title I of the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or 
an employee or contractor of such a licensee or certificate 
holder, that is not otherwise prohibited by this chapter 
from transporting, shipping, receiving, or possessing a 
firearm shall be entitled to transport and possess a fire-
arm for purposes of establishing and maintaining an on-
site physical protection system and security organization 
required by Federal law, and for purposes of licensee-au-
thorized or certificate holder-authorized training or trans-
portation of nuclear material or equipment.’’.
(d) SEMIAUTOMATIC ASSAULT WEAPONS; LARGE CA-
PACITY AMMUNITION FEEDING DEVICES.—Section 922 of 
title 18, United States Code, is amended—
(1) in subsection (v)(4)(B)—
(A) by inserting ‘‘or certificate holder’’ 
after ‘‘licensee’’ each place that term appears; 
(B) by inserting ‘‘or certificate holder-au-
thorized’’ after ‘‘licensee-authorized’’; and 
(C) by inserting ‘‘or equipment’’ after 
‘‘materials’’; and 
(2) in subsection (w)(3)(B)—
(A) by inserting ‘‘or certificate holder’’ 
after ‘‘licensee’’ each place that term appears; 
(B) by inserting ‘‘or certificate holder-au-
thorized’’ after ‘‘licensee-authorized’’; and 
(C) by inserting ‘‘or equipment’’ after 
‘‘materials’’. 
SEC. 6. TREATMENT OF ACCELERATOR-PRODUCED AND 
OTHER RADIOACTIVE MATERIAL AS BYPROD-
UCT MATERIAL. 
(a) DEFINITION OF BYPRODUCT MATERIAL.—Sec-
tion 11e. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)) is amended—
(1) by striking ‘‘means (1) any radioactive’’ and 
inserting ‘‘means—
‘‘(1) any radioactive’’; 
(2) by striking ‘‘material, and (2) the tailings’’ 
and inserting ‘‘material; 
‘‘(2) the tailings’’; and 
(3) by striking ‘‘content.’’ and inserting ‘‘con-
tent; and 
‘‘(3)(A) any discrete source of radium-226; 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 in a com-
mercial, medical, or research activity; and 
‘‘(4) any discrete source of naturally occurring 
radioactive material, other than source material 
that—
‘‘(A) the Nuclear Regulatory Commission 
determines (after consultation with the Admin-
istrator of the Environmental Protection Agen-
cy, the Secretary of Energy, the Secretary of 
Homeland Security, and the head of any other 
appropriate Federal agency), would pose a 
threat similar to that 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 enact-
ment of this paragraph, is extracted or con-
verted after extraction, for use in a commercial, 
medical, or research activity.’’. 
(b) AGREEMENTS.—Section 274b. of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2021) is amended—
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) byproduct materials (as defined in section 
11e.(3)); 
‘‘(4) byproduct materials (as defined in section 
11e.(4));’’. 
(c) REGULATIONS.—
(1) IN GENERAL.—Not later than the effective 
date of this section, the Nuclear Regulatory Com-
mission shall promulgate final regulations estab-
lishing such requirements and standards as the 
Commission considers necessary for the acquisition, 
possession, transfer, use, or disposal of byproduct 
material (as defined in paragraphs (3) and (4) of
section 11e. of the Atomic Energy Act of 1954 (as 
added by subsection (a))). 
(2) COOPERATION.—The Commission shall co-
operate with the States in formulating the regula-
tions under paragraph (1). 
(3) TRANSITION.—To ensure an orderly transi-
tion of regulatory authority with respect to byprod-
uct material as defined in paragraphs (3) and (4) of 
section 11e. of the Atomic Energy Act of 1954 (as
added by subsection (a)), not later than 180 days 
before the effective date of this section, the Nuclear 
Regulatory Commission shall prepare and provide 
public notice of a transition plan developed in co-
ordination with States that—
(A) have not, before the effective date of 
this section, entered into an agreement with the 
Commission under section 274b. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2021); or 
(B) in the case of a State that has entered 
into such an agreement, has not, before the ef-
fective date of this section, applied for an 
amendment to the agreement that would permit 
assumption by the State of regulatory responsi-
bility for such byproduct material.
(d) EFFECTIVE DATE.—Except with respect to mat-
ters that the Nuclear Regulatory Commission determines 
are required to be addressed earlier to protect the public 
health and safety or to promote the common defense and 
security, the amendments made by this section take effect 
on the date that is 4 years after the date of enactment 
of this Act. 
SEC. 7. UNAUTHORIZED INTRODUCTION OF DANGEROUS 
WEAPONS. 
Section 229a. of the Atomic Energy Act of 1954 (42 
U.S.C. 2278a(a)) is amended in the first sentence by in-
serting ‘‘or subject to the licensing authority of the Com-
mission or to certification by the Commission under this 
Act or any other Act’’ before the period at the end. 
SEC. 8. SABOTAGE OF NUCLEAR FACILITIES OR FUEL. 
Section 236a. of the Atomic Energy Act of 1954 (42 
U.S.C. 2284(a)) is amended—
(1) in the first sentence, by striking ‘‘or who in-
tentionally and willfully attempts’’ and inserting ‘‘or 
who attempts or conspires’’; 
(2) in paragraph (2), by striking ‘‘storage facil-
ity’’ and inserting ‘‘storage, treatment, or disposal 
facility’’; 
(3) 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; 
(4) in paragraph (4)—
(A) by striking ‘‘facility licensed’’ and in-
serting ‘‘uranium conversion or nuclear fuel 
fabrication facility licensed or certified’’; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
(5) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) any production, utilization, waste storage, 
waste treatment, waste disposal, uranium enrich-
ment, or nuclear fuel fabrication facility subject to 
licensing or certification under this Act during con-
struction of the facility, if the destruction or damage 
caused or attempted to be caused could adversely af-
fect 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 Nuclear Regulatory
Commission that, before the date of the offense, the 
Nuclear Regulatory Commission determines, by 
order or regulation published in the Federal Reg-
ister, is of significance to the public health and safe-
ty or to common defense and security;’’. 
SEC. 9. EVALUATION OF ADEQUACY OF ENFORCEMENT 
PROVISIONS. 
Not later than 90 days after the date of enactment 
of this Act, the Attorney General and the Nuclear Regu-
latory Commission shall submit to Congress a report that 
assesses the adequacy of the criminal enforcement provi-
sions in chapter 18 of the Atomic Energy Act of 1954 
(42 U.S.C. 221 et seq.). 
SEC. 10. PROTECTION OF WHISTLEBLOWERS. 
Section 211(a)(2) of the Energy Reorganization Act 
(42 U.S.C. 5851) is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(E) a contractor or subcontractor of the 
Commission.’’.
SEC. 11. TECHNICAL AND CONFORMING AMENDMENT. 
The table of contents of the Atomic Energy Act of 
1954 (42 U.S.C. prec. 2011) is amended by adding at the 
end of the items relating to chapter 14 the following:
‘‘Sec. 170B. Uranium supply. 
‘‘Sec. 170C. Protection of designated nuclear facilities.’’.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to carry out the 
amendments made by this title. 
(b) AGGREGATE AMOUNT
OF CHARGES.—Section 
6101 of the Omnibus Budget Reconciliation Act of 1990 
(42 U.S.C. 2214(c)(2)(A)) is amended—
(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; and’’ and 
(3) by adding at the end the following: 
‘‘(iii) amounts appropriated to the Com-
mission for homeland security activities of the 
Commission for the fiscal year, except for the 
costs of fingerprinting and background checks 
required by section 149 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2169) and the costs of 
conducting security inspections.’’.
Æ