I 
108TH CONGRESS 
1ST SESSION H. R. 2761
To amend the Atomic Energy Act of 1954 and the Energy Reorganization 
Act of 1974 to strengthen security at sensitive nuclear facilities. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2003
Mrs. LOWEY (for herself, Mr. MARKEY, and Mr. ENGEL) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Atomic Energy Act of 1954 and the Energy 
Reorganization Act of 1974 to strengthen security at 
sensitive nuclear facilities.
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 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. DESIGN BASIS THREAT.—The term ‘design basis 
threat’ means the design basis threat established by the 
Commission under section 73.1 of title 10, Code of Fed-
eral Regulations (or any successor regulation developed 
under section 170C). 
‘‘kk. SENSITIVE NUCLEAR FACILITY.—The term 
‘sensitive nuclear facility’ means—
‘‘(1) a commercial nuclear power plant and as-
sociated spent fuel storage facility; 
‘‘(2) a decommissioned nuclear power plant and 
associated spent fuel storage facility; 
‘‘(3) a category I fuel cycle facility; 
‘‘(4) a gaseous diffusion plant; and 
‘‘(5) any other facility licensed by the Commis-
sion, or used in the conduct of an activity licensed 
by the Commission, that the Commission determines 
should be treated as a sensitive nuclear facility 
under section 170C.’’. 
SEC. 3. NUCLEAR 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 SENSITIVE NUCLEAR FACILI-
TIES AGAINST THE DESIGN BASIS THREAT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) NUCLEAR
SECURITY
FORCE.—The term 
‘nuclear security force’ means the nuclear security 
force established under subsection (b)(1). 
‘‘(2) FUND.—The term ‘Fund’ means the Nu-
clear Security Fund established under subsection 
(e). 
‘‘(3) QUALIFICATION
STANDARD.—The term 
‘qualification standard’ means a qualification stand-
ard established under subsection (d)(2)(A). 
‘‘(4) SECURITY PLAN.—The term ‘security plan’ 
means a security plan developed under subsection 
(b)(2). 
‘‘(b) NUCLEAR SECURITY.—The Commission shall—
‘‘(1) establish a nuclear security force, the 
members of which shall be employees of the Com-
mission, to provide for the security of all sensitive 
nuclear facilities against the design basis threat; and 
‘‘(2) develop and implement a security plan for 
each sensitive nuclear facility to ensure the security 
of all sensitive nuclear facilities against the design 
basis threat. 
‘‘(c) SECURITY PLANS.—
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Com-
mission shall develop a security plan for each sen-
sitive nuclear facility to ensure the protection of 
each sensitive nuclear facility against the design 
basis threat. 
‘‘(2) ELEMENTS
OF
THE
PLAN.—A security 
plan shall prescribe—
‘‘(A) the deployment of the nuclear secu-
rity force, including—
‘‘(i) numbers of the members of the 
nuclear security force at each sensitive nu-
clear facility; 
‘‘(ii) tactics of the members of the nu-
clear security force at each sensitive nu-
clear facility; and 
‘‘(iii) capabilities of the members of 
the nuclear security force at each sensitive 
nuclear facility; 
‘‘(B) other protective measures, includ-
ing—
‘‘(i) designs of critical control systems 
at each sensitive nuclear facility; 
‘‘(ii) restricted personnel access to 
each sensitive nuclear facility;
‘‘(iii) perimeter site security, internal 
site security, and fire protection barriers; 
‘‘(iv) increases in protection for spent 
fuel storage areas; 
‘‘(v) placement of spent fuel in dry 
cask storage; and 
‘‘(vi) background security checks for 
employees and prospective employees; and 
‘‘(C) a schedule for completing the require-
ments of the security plan not later than 18 
months after the date of enactment of this sec-
tion. 
‘‘(3) ADDITIONAL
REQUIREMENTS.—A holder 
of a license for a sensitive nuclear facility under sec-
tion 103 or 104 or the State or local government in 
which a sensitive nuclear facility is located may peti-
tion the Commission for additional requirements in 
the security plan for the sensitive nuclear facility. 
‘‘(4) IMPLEMENTATION OF SECURITY PLAN.—
Not later than 270 days after the date of enactment 
of this section, the Commission, in consultation with 
a holder of a license for a sensitive nuclear facility 
under section 103 or 104, shall, by direct action of 
the Commission or by order requiring action by the 
licensee, implement the security plan for the sen-
sitive nuclear facility in accordance with the schedule 
under paragraph (2)(C). 
‘‘(5) SUFFICIENCY OF SECURITY PLAN.—If at 
any time the Commission determines that the imple-
mentation of the requirements of the security plan 
for a sensitive nuclear facility is insufficient to en-
sure the security of the sensitive nuclear facility 
against the design basis threat, the Commission 
shall immediately submit to Congress and the Presi-
dent a classified report that—
‘‘(A) identifies the vulnerability of the sen-
sitive nuclear facility; and 
‘‘(B) recommends actions by Federal, 
State, or local agencies to eliminate the vulner-
ability. 
‘‘(d) NUCLEAR SECURITY FORCE.—
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of the enactment of this section, the 
Commission, in consultation with other Federal 
agencies, as appropriate, shall establish a program 
for the hiring and training of the nuclear security 
force. 
‘‘(2) HIRING.—
‘‘(A) QUALIFICATION
STANDARDS.—Not 
later than 30 days after the date of enactment
of this section, the Commission shall establish 
qualification standards that individuals shall be 
required to meet to be hired by the Commission 
as members of the nuclear security force. 
‘‘(B) 
EXAMINATION.—The 
Commission 
shall develop and administer a nuclear security 
force personnel examination for use in deter-
mining the qualification of individuals seeking 
employment as members of the nuclear security 
force. 
‘‘(C) CRIMINAL
AND
SECURITY
BACK-
GROUND CHECKS.—The Commission shall re-
quire that an individual to be hired as a mem-
ber of the nuclear security force undergo a 
criminal and security background check. 
‘‘(D) DISQUALIFICATION OF INDIVIDUALS 
WHO
PRESENT
NATIONAL
SECURITY
RISKS.—
The Commission, in consultation with the heads 
of other Federal agencies, as appropriate, shall 
establish procedures, in addition to any back-
ground check conducted under subparagraph 
(B), to ensure that no individual who presents 
a threat to national security is employed as a 
member of the nuclear security force. 
‘‘(3) ANNUAL PROFICIENCY REVIEW.—
‘‘(A) IN GENERAL.—The Commission shall 
provide that an annual evaluation of each mem-
ber of the nuclear security force is conducted 
and documented. 
‘‘(B) 
REQUIREMENTS
FOR
CONTINU-
ATION.—An individual employed as a member 
of the nuclear security force may not continue 
to be employed in that capacity unless the eval-
uation under subparagraph (A) demonstrates 
that the individual—
‘‘(i) continues to meet all qualification 
standards; 
‘‘(ii) has a satisfactory record of per-
formance and attention to duty; and 
‘‘(iii) has the knowledge and skills 
necessary to vigilantly and effectively pro-
vide for the security of a sensitive nuclear 
facility against the design basis threat. 
‘‘(4) TRAINING.—
‘‘(A) IN GENERAL.—The Commission shall 
provide for the training of each member of the 
nuclear security force to ensure each member 
has the knowledge and skills necessary to pro-
vide for the security of a sensitive nuclear facil-
ity against the design basis threat.
‘‘(B) TRAINING PLAN.—Not later than 60 
days after the date of enactment of this section, 
the Commission shall develop a plan for the 
training of members of the nuclear security 
force. 
‘‘(C) USE
OF
OTHER
AGENCIES.—The 
Commission may enter into a memorandum of 
understanding or other arrangement with any 
other Federal agency with appropriate law en-
forcement responsibilities, to provide personnel, 
resources, or other forms of assistance in the 
training of members of the nuclear security 
force. 
‘‘(e) NUCLEAR SECURITY FUND.—
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the ‘Nuclear Security Fund’, which shall 
be used by the Commission to administer programs 
under this section to provide for the security of sen-
sitive nuclear facilities. 
‘‘(2) DEPOSITS IN THE FUND.—The Commis-
sion shall deposit in the Fund—
‘‘(A) the amount of fees collected under 
paragraph (5); and
‘‘(B) amounts appropriated under sub-
section (f). 
‘‘(3) INVESTMENT OF AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary of the 
Treasury shall invest such portion of the Fund 
as is not, in the judgment of the Secretary of 
the Treasury, required to meet current with-
drawals. Investments may be made only in in-
terest-bearing obligations of the United States. 
‘‘(B) ACQUISITION OF OBLIGATIONS.—For 
the purpose of investments under subparagraph 
(A), obligations may be acquired—
‘‘(i) on original issue at the issue 
price; or 
‘‘(ii) by purchase of outstanding obli-
gations at the market price. 
‘‘(C) SALE OF OBLIGATIONS.—Any obliga-
tion acquired by the Fund may be sold by the 
Secretary of the Treasury at the market price. 
‘‘(D) CREDITS TO FUND.—The interest on, 
and the proceeds from the sale or redemption 
of, any obligations held in the Fund shall be 
credited to and form a part of the Fund.
‘‘(4) USE OF AMOUNTS IN THE FUND.—The 
Commission shall use amounts in the Fund to pay 
the costs of—
‘‘(A) salaries, training, and other expenses 
of the nuclear security force; and 
‘‘(B) developing and implementing security 
plans. 
‘‘(5) FEE.—To ensure that adequate amounts 
are available to provide assistance under paragraph 
(4), the Commission shall assess licensees a fee in 
an amount determined by the Commission. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’. 
(b) IMPLEMENTATION.—The Commission shall com-
plete the full implementation of the amendment made by 
subsection (a) as soon as practicable after the date of en-
actment of this Act, but in no event later than 270 days 
after the date of enactment of this Act. 
(c) TECHNICAL AND CONFORMING AMENDMENT.—
The table of contents for chapter 14 of the Atomic Energy 
Act of 1954 (42 U.S.C. prec. 2011) is amended by adding 
at the end the following:
‘‘170B. Uranium supply. 
‘‘170C. Protection of sensitive nuclear facilities against the design basis 
threat.’’.
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