To provide for upgrading security at civilian nuclear facilities and of nuclear materials that could be used to construct a dirty bomb.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Facility and Material 
Security Act of 2008''.

SEC. 2. NUCLEAR REACTOR DESIGNS REGARDING AIRCRAFT IMPACT.

    (a) Final Rule.--Not later than 1 year after the date of enactment 
of this Act, the Nuclear Regulatory Commission shall issue a final rule 
requiring all commercial nuclear power reactors approved for 
construction after such date of enactment to be designed to withstand a 
large commercial aircraft impact. Such rule shall address the 
structural response, shock and vibration effects, and fire effects of 
the impact.
    (b) Required Design Features.--Such final rule shall require design 
features to ensure that--
            (1) important safety functions will operate for a 
        sufficient period of time after the impact of a large 
        commercial aircraft so that the unit can be safely shut down 
        and maintained in safe shutdown condition; and
            (2) the consequences of the impact will not result in a 
        release of radioactive materials to the environment that causes 
        a member of the surrounding community to receive a dose that 
        triggers an evacuation recommendation, consistent with the 
        levels established by the Environmental Protection Agency and 
        the Public Protection Action Guide Limit for Evacuation and 
        Shelter (EPA 400-R-92-001).

SEC. 3. SPENT FUEL SECURITY ENHANCEMENTS.

    (a) Storage Rule.--Not later than 18 months after the date of 
enactment of this Act, the Nuclear Regulatory Commission shall issue a 
final rule requiring--
            (1) the configuration of spent fuel assemblies stored in 
        spent fuel pools to minimize the risk of fire in the event the 
        spent fuel pools are drained during an accident or terrorist 
        attack;
            (2) spent nuclear fuel to be transferred from a spent fuel 
        pool into dry cask storage at the earliest possible time that 
        the heat load of the spent fuel material allows for such 
        transfer to occur safely; and
            (3) mitigation features such as water-spray systems to cool 
        spent fuel in the event spent fuel pools are drained during an 
        accident or terrorist attack.
    (b) Independent Installation Security.--
            (1) Rulemaking requirement.--Not later than 1 year after 
        the date of enactment of this Act, the Nuclear Regulatory 
        Commission shall issue an Independent Spent Fuel Storage 
        Installation security final rule that makes such installations 
        subject to the security evaluation requirements of section 170D 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2210d).
            (2) Design basis threat.--The rule issued under paragraph 
        (1) shall provide for incorporating Independent Spent Fuel 
        Storage Installations into the design basis threat rule issued 
        under section 170E of the Atomic Energy Act of 1954 (42 U.S.C. 
        2210e).

SEC. 4. CONSIDERING THE RISK OF ACTS OF TERRORISM ON NUCLEAR 
              FACILITIES.

    The Nuclear Regulatory Commission shall consider the likely 
consequences of a potential terrorist attack in any review it is 
required to undertake under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

SEC. 5. POTASSIUM IODIDE.

    (a) Repeal of Waiver Authority.--Section 127(f) of the Public 
Health Security and Bioterrorism Preparedness and Response Act of 2002 
(42 U.S.C. 300hh-12 note) is repealed.
    (b) Jurisdictional Authority.--The Secretary of Health and Human 
Services shall exercise all Federal authority over the distribution of 
potassium iodide as a medical prophylaxis for radiological exposure in 
humans, including all activities under section 127 of the Public Health 
Security and Bioterrorism Preparedness and Response Act of 2002 (42 
U.S.C. 300hh-12 note).
    (c) NAS Studies.--Not later than June 30, 2011, and at least once 
every 5 years thereafter, the Secretary of Health and Human Services 
shall enter into an arrangement with the National Academy of Sciences 
for studies on appropriate emergency response plans to nonroutine 
releases of radioactive materials, including from nuclear power plants, 
spent fuel storage facilities, radiological dispersal devices, and 
improvised nuclear explosive devices. Such studies shall address 
evacuation, sheltering, food interdiction, and medical prophylaxes for 
radioiodine and other radioisotopes that are released in such events. 
Such studies shall--
            (1) review relevant evacuations and food interdictions of 
        the preceding five-year period for lessons learned;
            (2) identify the population that would be exposed by the 
        release and evaluate the potential consequences of such 
        exposure;
            (3) recommend best practices for emergency response to 
        radiological releases; and
            (4) evaluate new research on medical prophylaxes for 
        radioiodine and other radioisotopes released in such events and 
        recommend whether additional medical prophylaxes should be 
        procured for the Strategic National Stockpile or State and 
        local stockpiles.
    (d) Secretary's Actions.--Based on the findings of the studies 
conducted under subsection (c), the Secretary of Health and Human 
Services shall--
            (1) consider the advisability of procurement for the 
        Strategic National Stockpile, and distribution to State and 
        local governments, of medical prophylaxes other than potassium 
        iodide, against radioiodine and other radiological byproducts; 
        and
            (2) update the Federal potassium iodide distribution 
        guidelines, including with lessons learned from evacuation 
        events, as necessary.
    (e) Guidelines.--Section 127(c) of the Public Health Security and 
Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12 
note) is amended to read as follows:
    ``(c) Guidelines.--Not later than 60 days after the date of 
enactment of the Nuclear Facility and Material Security Act of 2008, 
the Secretary of Health and Human Services, in consultation with 
individuals representing appropriate Federal, State, and local 
agencies, shall establish guidelines for the stockpiling of potassium 
iodide tablets, and for the distribution and utilization of potassium 
iodide tablets in the event of a nuclear incident.''.

SEC. 6. AUDIT OF SAFETY AND SECURITY ANALYSIS AND REVIEW ACTIVITIES.

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

     ``audit of safety and security analysis and review activities

    ``Sec. 213.  (a) There shall be established within the Office of 
the Inspector General of the Commission a unit with appropriate and 
adequate technical staff, including degreed engineers with nuclear 
power plant experience, which shall audit the Commission's regulatory 
oversight activities related to safety and security of civilian nuclear 
facilities.
    ``(b) There are authorized to be appropriated to the Commission, 
for carrying out this Act, such sums as may be necessary.''.

SEC. 7. RADIATION SOURCE PROTECTION.

    (a) Categorization of Radiation Sources.--Section 170H f. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2210h(f)) is amended by adding at 
the end the following new paragraph:
    ``(4) Not later than 1 year after the date of the enactment of this 
paragraph, the task force shall--
            ``(A) complete an evaluation of the materials listed in the 
        Code of Conduct;
            ``(B) make recommendations to amend the Commission's 
        regulatory requirements for certain radiation sources or 
        activity levels of certain radiation sources to account for--
                    ``(i) risks associated with the deliberate 
                dispersal of those materials from radiation sources, 
                including dispersal for the purpose of causing the 
                ingestion or inhalation of those materials; and
                    ``(ii) the radiation source's potential to cause 
                contamination of large areas, or economic and social 
                disruption that could result from a terrorist attack; 
                and
            ``(C) designate additional radiation sources for which the 
        risks described in subparagraph (B)(i) and (ii) are 
        particularly high as high-risk radiation sources for purposes 
        of section 2(e) of the Nuclear Facility and Material Security 
        Act of 2008.
Upon completion of the recommendations under this paragraph, the 
Commission shall implement those recommendations by regulation.''.
    (b) Transportation of Radiation Sources.-- Not later than 18 months 
after the date of enactment of this Act, the Nuclear Regulatory 
Commission shall publish a final rule revising its regulations on the 
security requirements for the transportation of Category 1, 2, and 3 
sources (as defined in the Code of Conduct referred to in section 170H 
a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(1))), 
including a requirement that shipments of Category 1, 2, and 3 sources 
be equipped with covert technology that would enable location tracking 
and recovery in the event the shipments or sources are stolen or 
diverted.
    (c) Radiation Source Licensing.--Not later than 18 months after the 
date of enactment of this Act, the Nuclear Regulatory Commission shall 
issue a final rule requiring carriers and transporters transporting 
within the United States radiation sources (as defined in section 170H 
a.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(2))) to be 
licensed by the Commission.
    (d) National Radiation Source Tracking System.--Not later than 2 
years after the date of enactment of this Act, the Nuclear Regulatory 
Commission shall issue a final rule, pursuant to its authority to 
promote or protect the common defense and security under section 161 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2201), and in a manner that 
maximizes the use of appropriate State government capabilities, to 
revise Commission regulations with respect to the National Source 
Tracking System to require technologies and systems that can provide 
real-time tracking and enable locating--
            (1) Category 1, 2, and 3 sources (as defined in the Code of 
        Conduct referred to in section 170H a.(1) of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2210h(a)(1))); and
            (2) radiation sources with \1/10\ or more of the activity 
        threshold of such Category 3 sources.
    (e) High-Risk Radiation Sources Security and Replacement.--
            (1) Rule.--Not later than 2 years after the date of 
        enactment of this Act, the Nuclear Regulatory Commission shall 
        issue a final rule, pursuant to its authority to promote or 
        protect the common defense and security under section 161 of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2201), to establish 
        requirements leading to the replacement of all high-risk 
        radiation sources. Such rule shall include provisions that--
                    (A) discontinue licensing for each application of 
                new high-risk radiation sources as soon as is 
                practicable, but in no event later than 10 years after 
                the date of enactment of this Act, unless 
                technologically feasible alternatives are not 
                available;
                    (B) prescribe a new license fee structure, or other 
                means of guaranteeing the availability of funds, for 
                any new licenses of high-risk radiation sources to 
                ensure that the costs of disposition of the high-risk 
                radiation sources will be covered;
                    (C) provide for incentives for decommissioning and 
                replacing existing high-risk radiation sources;
                    (D) prohibit the export of high-risk radiation 
                sources to other countries; and
                    (E) prescribe enhanced security measures for 
                existing high-risk radiation sources.
            (2) Task force recommendations.--Not later than 4 years 
        after the initial rule is issued under paragraph (1) or any 
        update is issued under paragraph (3), the Task Force on 
        Radiation Source Protection and Security established under 
        section 170H f. of the Atomic Energy Act of 1954 (42 U.S.C. 
        2210h(f)) shall review the rule or update and make 
        recommendations for appropriate modifications to the rule or 
        update to account for--
                    (A) the emergence of new technologies that can be 
                used to replace high-risk radiation sources; and
                    (B) new security threats or intelligence 
                information regarding the risk of a deliberate attack 
                using these radiation sources.
            (3) Nuclear regulatory commission review.--Taking into 
        consideration the recommendations of the task force under 
        paragraph (2), the Commission shall review and update the rule 
        issued under paragraph (1) not less frequently than once every 
        5 years to account for--
                    (A) the emergence of new technologies that can be 
                used to replace high-risk radiation sources; and
                    (B) new security threats or intelligence 
                information regarding the risk of a deliberate attack 
                using these radiation sources.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Nuclear Regulatory Commission for 
        carrying out paragraph (1)(C) such sums as may be necessary for 
        the fiscal years 2009 through 2013.
            (5) Department of energy program.--There are authorized to 
        be appropriated to the Secretary of Energy $50,000,000 for the 
        period encompassing fiscal years 2009 through 2018 for the 
        acceptance, storage, and disposition of high-risk radiation 
        sources by the Department's United States Radiological Threat 
        Reduction Program.
            (6) Definition.--For purposes of this subsection, the term 
        ``high-risk radiation source'' means cesium chloride and any 
        other radiation source that is designated by the Task Force on 
        Radiation Source Protection and Security under section 170H 
        f.(4)(C) of the Atomic Energy Act of 1954 (42 U.S.C. 
        2210h(f)(4)(C)).

Summary: Nuclear Facility and Material Security Act of 2008 - Directs the Nuclear Regulatory Commission (NRC) to issue a final rule requiring: (1) all commercial nuclear power reactors approved for construction after enactment of this Act to be designed to withstand a large commercial aircraft impact; and (2) certain spent fuel security enhancements.

Directs the NRC to issue an Independent Spent Fuel Storage Installation security final rule that: (1) makes such installations subject to specified security evaluation requirements of the Atomic Energy Act of 1954; and (2) incorporates such installations into a certain design basis threat rule.

Requires the NRC to consider the likely consequences of a potential terrorist attack in any review it is required to undertake under the National Environmental Policy Act of 1969.

Amends the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 to repeal the statement that certain requirements to make potassium iodide tablets available to state and local governments for stockpiling shall cease to apply if the President determines that there is an alternative and more effective prophylaxis or preventive measures for adverse thyroid conditions that may result from the release of radionuclides from nuclear power plants.

Vests the Secretary of Health and Human Services with all federal authority over the distribution of potassium iodide as a medical prophylaxis for radiological exposure in humans.

Directs the Secretary to arrange with the National Academy of Sciences (NAS) for studies on appropriate emergency response plans to nonroutine releases of radioactive materials, including from nuclear power plants, spent fuel storage facilities, radiological dispersal devices, and improvised nuclear explosive devices.

Directs the Secretary to establish guidelines for the stockpiling and distribution of potassium iodide tablets in the event of a nuclear incident.

Amends the Energy Reorganization Act of 1974 to establish within the Office of the Inspector General of the NRC a unit with appropriate and adequate technical staff with nuclear power plant experience to audit NRC regulatory oversight regarding civilian nuclear facilities.

Amends the Atomic Energy Act of 1954 to require the NRC to promulgate final rules governing radiation source protection measures.

Directs the NRC to publish final rules: (1) revising regulations on security requirements for transportation of radiation sources; (2) requiring carriers and transporters transporting radiation sources within the United States to be licensed by the NRC; (3) revising National Source Tracking System regulations to require technologies and systems that can provide real-time tracking and enable locating of specified radiation sources; and (4) establishing requirements leading to the replacement of all high-risk radiation sources.

Authorizes appropriations for the acceptance, storage, and disposition of high-risk radiation sources by the Department of Energy United States Radiological Threat Reduction Program.