[Senate Report 108-190]
[From the U.S. Government Publishing Office]
Calendar No. 372
108th Congress Report
SENATE
1st Session 108-190
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NUCLEAR INFRASTRUCTURE SECURITY ACT
_______
November 6, 2003.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1043]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1043) to provide for the security of
commercial nuclear power plants and facilities designated by
the Nuclear Regulatory Commission, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
General Statement and Background
The Atomic Energy Act of 1954 assigned to the Atomic Energy
Commission responsibility for protecting public health and
safety from the hazards of radiation produced through nuclear
technology. The Energy Reorganization Act of 1974 abolished the
Atomic Energy Commission and created a new agency, the Nuclear
Regulatory Commission (NRC or Commission), to take over its
regulatory functions.
The Senate Committee on Environment and Public Works has
jurisdiction over the nonmilitary environmental regulation and
control of atomic energy. This includes both legislative and
oversight authority pertaining to the operations of the NRC.
Among the responsibilities entrusted to the Nuclear
Regulatory Commission are regulation of the nation's commercial
nuclear power plants, along with most other civilian uses of
radioactive materials. The mission of the NRC is to conduct an
effective regulatory program that promotes the safe use of
nuclear energy and materials, in a manner that protects the
public health and safety and the human environment, and
promotes the common defense and security.
As stated in the Atomic Energy Act:
`` . . . the development, use and control of atomic
energy shall be directed so as to make the maximum
contribution to the general welfare, subject at all
times to the paramount objective of making the maximum
contribution to the common defense and security . . .''
As of January 2003, there were just over 100 commercial
nuclear power reactors licensed to operate by the NRC in 31
States. Additionally, NRC has regulatory responsibility over
seven fuel fabrication and production facilities; two gaseous
diffusion uranium enrichment facilities; and 14 other
facilities that possess significant quantities of special
nuclear material (other than reactors) or process source
material (other than uranium enrichment facilities). The NRC
also administers approximately 5,000 licenses for medical,
academic and industrial uses of nuclear materials; and has
agreements under which States will administer approximately
16,000 additional such licenses.
While prevention of accidents necessarily remains a key
component of nuclear safety, the events of September 11, 2001
bring a new urgency to the need to deter and protect against
attacks at our nation's nuclear facilities, and against
attempted theft of radioactive materials.
Following the events of September 11th, the NRC took
immediate action to respond to heightened threat levels and
concerns. It undertook intensive consultation with other
Federal entities, including the FBI, the Office of Homeland
Security (and subsequently the Department of Homeland
Security), the Department of Defense, the Federal Aviation
Administration and others to evaluate general and specific
threats to NRC licensed facilities, and to coordinate planning
and responsive actions. The NRC has consulted with Governors
regarding the deployment of State assets, including the
National Guard. It has issued a series of Orders to licensees
to enhance security at nuclear facilities. The NRC is also in
the process of conducting what it describes as a comprehensive
review of NRC policies and regulations relating to safeguards
and security.
In the past 18 months, the Commission has issue new
security measures to all 104 commercial nuclear power reactors,
including orders for: Interim Safeguards and Security (Feb. 25,
2002); Access Authorization (Jan. 7, 2003); Design Basis Threat
(April 29, 2003); Training Enhancements (April 29, 2003); and
Fitness for Duty (April 29, 2003). The Commission has also
issued security orders for the decommissioning power reactors,
fuel cycle facilities, spent fuel facilities, the possession/
shipment of spent fuel, and for irradiators possessing
byproduct material in sealed sources.
The committee has worked closely with the NRC to monitor
changing circumstances and to oversee activities of the NRC and
its licensees. The committee has also worked closely with
Department of Homeland Security (DHS) since its inception. DHS
has an extensive role in the both the security of
infrastructure facilities and emergency preparedness and
response. The committee has had jurisdiction over the Federal
Emergency Management Agency (FEMA) and its emergency prepared
and response authority (through the Robert T. Stafford Act)
since the agencies inception and continues its jurisdictional
role over these matters which have been incorporated into the
Department of Homeland. The committee will continue to work
with the agencies to ensure that all actions necessary to
protect the public are taken in a timely and thorough manner.
Objectives of the Legislation
The Nuclear Security Infrastructure Act of 2003 (NISA) is
an important step in ensuring protection of the public against
potential terrorist activities against commercial nuclear
facilities or potential theft of nuclear materials. While the
NRC has voluntarily undertaken a number of actions, these have
been ad hoc responses to emergency events. The purpose of this
legislation is to codify those actions necessary to protect
against attack on our nation's nuclear reactors and against
theft or terrorist use of radioactive materials, such as for
so-called `dirty bombs.'
The legislation gives clear and permanent direction to the
NRC and its licensees, and DHS. NISA will assure the American
public that these nuclear facilities are as safe as they can
reasonably be, and will clearly signal to would-be terrorists
that our nuclear facilities are heavily protected, hardened
structures that will make neither easy, nor desirable, targets.
The committee has worked closely with the NRC and DHS to
develop this legislation. It is worth noting that last Congress
the committee unanimously reported S. 1746 (the Nuclear
Security Act of 2002), which serves as the basis for NISA. The
committee has taken extensive testimony on the issues involved
and has worked with industry, public interest groups, private
security guards employed at nuclear facilities, and members of
the public. This legislation represents a carefully considered,
bipartisan response to the threat of U.S. nuclear resources
being employed as weapons of destruction.
Section-By-Section Analysis
Section 1. Short Title
This section provides that the Act may be cited as the
``Nuclear Infrastructure Security Act of 2003.''
Sec. 2. Definitions
This section amends section 11 of the Atomic Energy Act to
provide for the definition of ``designated nuclear facilities'
and ``private security force.''
Sec.3. Designated Nuclear Facility Security
Section 3 (a) amends Chapter 14 of the Atomic Energy Act by
adding a new section 170C, ``Protection of Designated Nuclear
Facilities.''
New subsection 170C(a) provides definitions for
``Certificate Holders,'' Federal Security Coordinator,''
``Design Basis Threat'' and ``Licensee.''
New subsection 170C(b) requires the Nuclear Regulatory
Commission to establish, by regulation, classes of designated
nuclear facilities. Paragraph (b)(2) requires the Commission to
classify the following designated nuclear facilities:
commercial power plants, independent spent fuel storage
installation, decommissioned nuclear power plants, fuel
processing facilities, and any other facility that the
Commission determines should be classified as a designated
nuclear facility. This subsection (paragraph 3) also
establishes factors that the Commission shall consider when
determining whether to classify a facility as a designated
nuclear facility.
The committee notes that this legislation makes various
requirements of ``designated nuclear facilities.'' As defined
in this legislation, the Commission is to establish classes of
designated facilities, including: commercial nuclear power
plants; independent spent fuel storage installations;
decommissioned nuclear power plants; fuel processing
facilities; gaseous diffusion facilities; and other facilities
that the Commission determines should receive a classification.
The committee recognizes that the risks posed by and the
security concerns affecting these classes of facilities differ,
and it may not make sense for the Commission to apply all of
the requirements of this legislation to each class of
designated nuclear facilities uniformly. The committee expects
the Commission to apply the provisions of the legislation to a
class of facility only when it determined to be appropriate by
the Commission.
New subsection 170C(c) requires the Commission and the
Secretary of Homeland Security, in consultation with other
agencies and State and local government, as appropriate to
conduct a comprehensive security examination. Paragraph (c)(1)
sets out in detail the matters to be examined. These are:
potential threats to designated nuclear facilities;
classification of threats as those types of threats falling
under the responsibility of either the Federal Government,
State or local governments, or those threats which should be
the responsibility of the licensee or certificate holder;
national security response capability, including the
identification of obligations and authorities for protection of
areas, identifying those responsible for carrying out those
obligations, and the coordination between the Federal, State
and local agencies, the Commission and licensee or certificate
holders of designated nuclear facilities, for protection in the
event of a terrorist threat or attack; coordination of security
efforts; adequacy of planning, including emergency planning
zones, coordination and security plans; the system of threat
levels used to categorize threats; hiring and training
standards for members of private security forces; coordination
of Federal resources to expedite and improve the process of
conducting background checks; the establishment of a program to
provide technical assistance and training to the National Guard
and law enforcement; and options for protecting spent fuel
storage.
Paragraph (c)(2) requires the examination to be completed
not later than 1 year after enactment with a report (including
recommendations and findings) required under (c)(3) to be
submitted to the Congress and the President (classified and
unclassified form) not later than 180 days following the
completion of the examination.
New subsection 170C(d) requires that not later than 180
days after completion of the report required in (c)(3), the
Commission revise the design basis threat as it determines
appropriate based on findings of the security examination.
Paragraph (d)(2) provides the Commission the discretion to
determine what classes of designated nuclear facilities will be
subject to a revised design basis threat. Paragraph (d)(3)
requires the Commission to ensure the protection of information
in accordance with chapter 12, section 181 and any other
applicable law and of classified national security information.
Subparagraph (d)(3)(B) provides that nothing in this section
supercedes any law governing the disclosure of classified or
safeguards information.
The Commission recently issued orders that revise the
Design Basis Threats against which licensees must protect the
covered facility. This section directs the Commission to make
any needed changes to its Design Basis Threats through
rulemaking within 18 months after enactment of the legislation.
The purpose of this requirement is to ensure that the public
has the opportunity to comment on the content of the Design
Basis Threats. The committee recognizes that the specifics of
the Design Basis Threats include information that is either
classified or considered to be safeguards information under
section 147 of the Atomic Energy Act. The committee recognizes
that the specifics of the Design Basis Threats will be either
classified national security information or safeguards
information. This sensitive information would be of value to
potential terrorists and cannot be made available to the
public. The committee therefore expects the Commission to
propose changes in its regulations in a manner that does not
reveal any sensitive information. The Commission is to invite
public comment on the changes in its security regulations, and
to respond to the comments, to the extent practicable. In light
of the need for the Commission to protect sensitive
information, the committee recognizes that the Commission will
not be able to respond to comments to the extent that this
would require the agency to describe the specifics of the
Design Basis Threats or to explain whether specifics proposed
by the public were or were not adopted. Even with these
limitations, the committee believes that it would be useful for
the public to be able to provide its views to the Commission.
The Commission is directed to consider carefully the public
comments in establishing its Design Basis Threats.
Subparagraph (d)(3)(C) requires the Commission to submit to
Congress, not later than 60 days after the effective date of
the regulation required by this subsection, a report
(classified and unclassified) describing any classified,
safeguards or other information that the Commission considered
in promulgating the regulation, but did not make available to
the public due to the sensitive nature of the information. This
subparagraph also requires the Commission to submit to Congress
a report (classified and unclassified) identifying any orders
or instructions issued under the regulation required by this
subsection that were not made available to the public due to
the classified content or safeguards content. The Commission is
required to submit to Congress, not less than every 6 months, a
report (classified and unclassified) identifying any orders
issued under the regulations required by this subsection that
were not made public due to national security concerns.
New subsection 170C(e) requires the Commission to establish
a system for the determination of threat levels for classes of
designated nuclear facilities, as determined by the Commission,
and other materials designated by the Commission not later than
150 days after completion of the report required in (c)(3).
New subsection 170C(f) requires the Commission to ensure
that designated nuclear facilities revise their security plans
to be consistent with any revised Design Basis Threat and to
submit the plan to the Commission for review. The Commission is
required to ensure that any necessary changes to the security
and security plans are made not later than 18 months after
completion of the review.
New subsection 170C(g) requires the Commission and the
Department of Homeland Security, in consultation with other
Federal, State, and local government agencies, to review and
update for onsite and offsite emergency response plans and
preparedness for response to an emergency involving a
designated nuclear facility. The Commission shall promulgate
regulations to implement this subsection no later than 180 days
after completion of the report issued under (c)(3). The
Commission and the Department shall ensure that these
requirements: 1) are adequate to protect public health and
safety; 2) provide reasonable assurance that the plans can and
will be implemented; and 3) provide reasonable assurance that
adequate protective measures can and will be taken in the event
of such an emergency. This subsection, in paragraphs (2) and
(3), sets out in detail what the updated requirements shall
provide for, as well as factors to be addressed in the updated
requirements. Paragraph (4) of this subsection ensures
stakeholder involvement in the process. Not later than 60 days
after the date on which the regulations (required in
170C(g)(5)) become effective, the Commission, in coordination
with the Department, is required to begin reviewing onsite and
offsite emergency response plans and preparedness capability.
The Commission shall submit to Congress a report (classified
and unclassified) describing the results of each review.
Reviews are to be conducted on a schedule based on the relative
vulnerability of a facility and the proximity of the facility
to high population density areas.
New subsection 170C(h) requires the Commission to review
and update, as appropriate, the access and training standards
for employees of a designated facility. This subsection also
requires the Commission to establish qualifications and
procedures, in addition to fingerprinting for criminal history
record, to ensure that no individual who presents a threat to
national security is employed at a designated nuclear facility.
New subsection 170C(i) requires the Commission to assign a
Federal security coordinator to each regional office of the
Commission and sets out the responsibilities of the Federal
security coordinator. This subsection also provides the
Commission discretion to assign an additional Federal security
coordinator to a Commission office on the site of a designated
nuclear facility. The Governor of a State that contains a
designated nuclear facility may request the assignment of an
additional Federal security coordinator to 1 or more designated
nuclear facilities in that State. While the committee intends
for the Commission to give substantial weight to the views of
the Governor, the decision on whether security would be
enhanced by the employment of an additional Federal security
coordinator will be that of the Commission.)
New subsection 170C(j) requires the President to identify
the national security support capability to protect designated
nuclear facilities against terrorist threats and attacks. The
national security support capability shall use capabilities of
such Federal, State and local agencies identified in security
examination report required under subsection (c)(3).
The committee recognizes the need to ensure a coordinated
Federal, State and local capability exists to prevent and
respond to terrorist incidents involving a sensitive nuclear
facility. This capability should exist to assist the private
security force in preventing and responding to a terrorist
attack. The committee expects that this capability will be met
with existing Federal, State and local resources including the
State and local law enforcement and emergency response
personnel, the National Guard, and other appropriate Federal,
State and local agencies. New subparagraph 170C(j)(3) directs
the Secretary to establish this capability and ensure that
there is proper coordination among Federal, State and local
agencies and private security personnel.
New subparagraph 170C(j)(4) requires the President to
establish, consistent with the finding of the security
examination, a program to provide training and technical
assistance for National Guard, State and local law enforcement
who have security responsibilities for pre-to threats. The
President may provide grants to assist as appropriate. The
intention of this section is to ensure that all who have
security responsibilities are properly trained and equipped to
deal with a threat/act at a nuclear facility.
New subsection 170C(k) is a savings clause to ensure that
nothing in the section supercedes any law governing the
disclosure of classified or safeguards information.
Section 3(b) amends Section 149 of the Atomic Energy Act.
This section expands the classes of persons subject to the
fingerprinting requirements of section 149 of the Atomic Energy
Act of 1954.
New subsections (a)(1)(A)&(B) provides for fingerprinting
to be conducted by (A) any licensee, certificate holder, or
applicant for a license or certificate to operate a utilization
facility under section 103 or 104(b), and (B) any licensee or
applicant for a license to possess or use radioactive material
or other property (including intellectual property, such as
standard reactor designs subject to certification under 10
C.F.R. Part 52, or property that can be reverse engineered to
develop components significant to nuclear activities) subject
to Commission regulation that the Commission determines to be
of such significance to the public health and safety or common
defense and security as to warrant fingerprinting and
background checks. As is the case under current law, the person
required to conduct the fingerprinting would bear the cost of
the identification and records checks.
Persons required to conduct fingerprinting would be
required to fingerprint each individual permitted to have
unescorted access to the facility, radioactive material, or
other property (including property such as standard reactor
designs subject to certification under 10 C.F.R. Part 52, or
property that can be reverse engineered to develop components
significant to nuclear activities) subject to regulation by the
Commission that the Commission determines to be of such
significance to the public health and safety or common defense
and security as to warrant fingerprinting and background
checks. The extension of section 149 to possession or use of
radioactive material is not proposed for the purpose of
covering individuals engaged in the transportation of nuclear
material, who are already subject to criminal history record
checks under statutes administered by the Department of
Homeland Security and the Department of Transportation. It is
not the committee's intent for the Commission to duplicate the
efforts of other Federal agencies.
Fingerprints obtained would be submitted to the U.S.
Attorney General, through the Commission, for identification
and criminal history records checks. The Attorney General may
provide the results of any search to the Commission. As is also
the case under current law, the Commission would be authorized
to provide the results of the identification and criminal
history records checks (other than information that a
Government agency has determined should not be made available
to a licensee, certificate holder, or applicant) to the person
who conducted the fingerprinting. A decision would then be made
whether to provide unescorted access, or access to safeguards
information, to the individual who was the subject of the
background check.
New subsection 149(d) would allow the fingerprinting
requirements of section 149 to be satisfied by use of other
biometric methods used for identification that have been
approved by the Attorney General. This will permit use of
technologically advanced biometric methods for identification
of individuals to satisfy the requirements of section 149.
The committee also encourages the Commission and its
licensees to implement identity authentication and verification
systems similar to those currently utilized by other Federal
agencies in order to screen employees, contractors and visitors
to nuclear facilities. Such systems should rely upon domestic
and global data sources and be compatible with other government
programs requiring identity authentication like U.S. VISIT,
Computer Assisted Passenger Prescreening System (CAPPS) II, and
e-government programs
Sec. 4. Office of Nuclear Security and Incident Response
This section amends Title II of the Energy Reorganization
Act of 1974 by adding a new section 212, which establishes an
Office of Nuclear Security and Incident Response. This new
section is intended to codify action taken by the Commission in
April, 2002, (creating the office by administrative action) and
to provide the equivalent statutory status as other Commission
offices. It is the committee's intent for this office to
coordinate closely with the Department of Homeland Security in
order to enhance the effectiveness of both the Commission and
the Department. It is also the committee's intent that this
office not duplicate efforts of the Department.
New subsections 212(a) and 212(b) provide definitions for
the new section and establish the Office of Nuclear Security
and Incident Response.
New subsection 212(c) provides for the appointment of a
Director to head the office, and specifies the duties of the
Director.
New subsection 212(d) requires the Commission to establish
a security response evaluation program in order to assess the
ability of each designated nuclear facility to defend against
threats in accordance to the security plan. This subsection
requires the evaluations to include force-on-force exercises
that simulate the security threats consistent with the design
basis threat applicable to the facility. It is the committee's
expectation that those who carry out the force-on-force
exercises will be well qualified with backgrounds that include
knowledge of special forces operations and nuclear facilities.
The frequency of these evaluations is set at every 3 years, and
allows the Commission to suspend these activities in times of
heightened threat levels. The Commission is required to
establish performance criteria for judging the security
response evaluations. This subsection also sets out corrective
action measures if a facility does not satisfy the performance
criteria and does not correct any defects, but does not limit
any current enforcement authority of the Commission.
New subsection 212(e) requires the Commission, in
coordination with Department of Homeland Security, and, as
appropriate, in consultation with other Federal, State, and
local response agencies and stakeholders, to observe and
evaluate emergency response exercises to order to assess the
ability of the onsite and offsite emergency response plans to
protect public health and safety and to provide reasonable
assurance that adequate protective measures can and will be
taken to respond to a range of scenarios. Such evaluations are
to take place not less than once every 2 years.
It is the committee's intent that the Commission, in
cooperation with the Department of Homeland Security and other
appropriate Federal and State agencies, will determine the
criteria by which these scenarios are created and evaluated,
given reasonable risk assessment and the potential impact on
the public. In the case of spontaneous and shadow evacuations,
population distributions within the emergency planning zone and
shadow areas should be reviewed to support evacuation time
estimate studies. Off-site emergency response organizations
should use this data to determine appropriate evacuation
routes, traffic control points and to identify public entities
in need of assistance and transportation. Plans should be
modified as appropriate. It is not the intent of the committee
to require that facilities and offsite organizations exercise
and demonstrate shadow and spontaneous evacuations, but to
assure that appropriate consideration has been given to these
factors and that the plan has been revised to address them.
The Commission, in coordination with Department of Homeland
Security, and, as appropriate, in consultation with other
Federal, State, and local response agencies and stakeholders,
may observe and evaluate exercises more frequently than is
required in 212(e)(1) at designated nuclear facilities located
in high population density areas.
New paragraph 212(e)(6)(A) requires the Commission, in
coordination with the Secretary of Homeland Security, to notify
licensees or certificate holders, the Governor of any States
that may be affected, and any other appropriate Federal, State
or local agencies or stakeholders of any weakness or
deficiencies identified as the result of an evaluation. If any
such weakness or deficiency is not promptly corrected, the
Commission is required to take appropriate action under section
107 or other enforcement authorities available to the
Commission.
The Commission and the Secretary of Homeland Security are
required to submit to the President and Congress annually a
report (classified and unclassified) describing the results of
each exercise evaluated in the previous year, and each revision
of an emergency response plan or emergency preparedness
capabilities made in accordance with paragraph (6).
Sec 5. Guarding of Nuclear Facilities Equipment and Material
The purpose of this section is to provide licensees and
certificate holders under title I of the Atomic Energy Act of
1954 and their employees and contractors the ability to possess
the weapons they need to effectively protect facilities,
equipment, and radioactive materials.
The Gun Control Act (GCA), at 18 U.S.C. Sec. 922(o),
prohibits the transfer or possession of a machinegun not
lawfully possessed prior to May 19, 1986. This section amends
section 922(o) to allow licensees and certificate holders and
their contractors to possess otherwise prohibited machineguns
for use in the protection of facilities, equipment, and
radioactive materials. This language is similar to existing
exceptions to the prohibition on possession of semiautomatic
assault weapons and large capacity ammunition devices found in
sections 922(v) and (w) for licensees under title I of the
Atomic Energy Act of 1954, and their employees and contractors.
Adding this language to section 922(o) to create a similar
exception is consistent with the two existing exceptions in the
GCA. Additionally, this section provides an exemption in order
for the importation of a firearm or ammunition to be authorized
by the Attorney General if it is being imported or brought in
for transfer to a licensee or certificate holder under title I
of the Atomic Energy Act of 1954 for purposes of establishing
and maintaining an onsite physical protection system and
security organization required by Federal law.
In order to provide adequate security when nuclear
materials are being transported, this section amends section
922(a)(4) to dispense with the advance notice requirement for
purposes of licensee or certificate-holder authorized training
or transportation of nuclear materials or equipment. This
section also allows for the transportation and possession of
firearms for purposes of establishing and maintaining an onsite
physical protection system and security organization required
by Federal law and for purposes of licensee or certificate-
holder-authorized training and transportation of nuclear
materials or equipment, irrespective of State or local laws.
Sec. 6. Sensitive Radioactive Material Security
This section amends Chapter 14 of the Atomic Energy Act of
1954 to add a new section 170D at the end. New subsection
170D(a) defines the terms `sensitive radioactive material' and
'security threat.' Subsection 170D(b) requires the Commission
to evaluate the security of sensitive radioactive material
against security threats and recommend administrative and
legislative actions. In doing so, the Commission is required to
consult with the Secretary of Homeland Security, Secretary of
Energy, Director of the CIA, Director of the FBI, Director of
the Customs Service, and the Administrator of the EPA. The
committee is aware that there are a broad range of radioactive
materials in public use and not all present a significant
threat to public health. As such, this subsection requires the
Commission to take actions, as appropriate, to identify and
categorize those materials that should be classified as
sensitive radioactive material. The committee expects that the
development of improved security recommendations under this
section will be based on this categorization, providing the
greatest security to those categories of sensitive radiological
material which present the greatest threat.
New subsection 170D(c) requires periodic reports to the
President and Congress describing administrative and
legislative actions recommended by the task force.
New subsection 170D(d) requires the NRC to take such
actions as are appropriate to revise the system for licensing
radioactive materials and to ensure that States have entered
into appropriate agreements establishing compatible programs.
Sec. 7. Treatment of Accelerator-Produced & Other Radioactive Material
as Byproduct Material
This section extends current Commission regulatory
authority under the Atomic Energy Act with respect to
specifically defined radioactive materials, to include discrete
sources of radium-226, certain hazardous discrete sources of
naturally occurring radioactive material (NORM), or
accelerator-produced radioactive material that are produced,
extracted, or converted for use in commercial, medical, or
research activities. NRC is required to issue final regulations
establishing requirements for the acquisition, possession,
transfer, use, or disposal of the material by the effective
date (4 years after enactment).
Sec. 8. Unauthorized Introduction of Dangerous Weapons
This section expands section 229a of the Atomic Energy Act
to include facilities, installations or real property subject
to the licensing or certification authority of the Commission.
This would allow Commission to apply the provisions of section
229a to NRC licensed or certified activities, thereby allowing
the Commission to prohibit a person who has not obtained prior
authorization from carrying, transporting, or otherwise
introducing or causing to be introduced any weapon, explosive,
or other dangerous instrumentality into any facility,
installation or real property regulated or subject to
certification by the Commission.
Sec. 9. Sabotage of Nuclear Facilities or Fuel
This section amends section 236a of the Atomic Energy Act
of 1954 to expand existing Federal criminal sanctions for
sabotage or attempted sabotage of production or utilization
facilities to include sabotage or attempted sabotage during the
construction stage of those facilities, if the damage could
affect public health and safety during facility operation. This
section also expands the sanctions to include sabotage or
attempted sabotage of operating fuel fabrication facilities.
Sec. 10. Evaluation of Adequacy of Enforcement Provisions
This section requires the Attorney General and the NRC to
submit to Congress a report that assesses the adequacy of the
criminal enforcement provisions in Chapter 18 of the Atomic
Energy Act
Sec. 11. Protection of Whistleblowers
This section amends section 212(a) of the Energy
Reorganization Act of 1974 to extend whistleblower protection
to Commission contractors and subcontractors.
Sec. 12. Technical and Conforming Amendment
This section provides technical and conforming amendments.
Sec. 13. Authorization of Appropriations
The Omnibus Budget Reconciliation Act of 1990 (42 U.S.C.
2214) provides that the ``aggregate amount of the annual
charges collected from all licensees and certificate holders in
a fiscal year shall equal an amount that approximates the
percentages of the budget authority of the Commission for the
fiscal year.'' This section exempts from fees, costs associated
with specific homeland security functions. The cost of
fingerprinting and background checks and the costs of
conducting security inspections will continue to be included in
those charges.
The committee assumes that the annual charge collected from
licensees pursuant to the Omnibus Budget Reconciliation Act
will continue to fund appropriations for the NRC's regulation
of routine operation of nuclear facilities and those security
measures not exempted by this provision.
Legislative History
On May 12, 2003, Senator Inhofe introduced S. 1043, which
was referred to the Committee on Environment and Public Works.
While no hearings were held during the 108th Congress on this
legislation, the committee held a hearing on during the 107th
Congress on the subject of nuclear security on June 5, 2002 and
conducted a classified hearing on June 20, 2002. On May 15,
2003, the committee ordered S. 1043 to be reported favorably
with an amendment in the nature of a substitute.
Hearings
No hearings were held in the 108th Congress on this bill.
During the 107th Congress, the Committee on Environment and
Public Works held a hearing on infrastructure security on
November 1, 2001, receiving testimony from Hon. Michael Brown,
Deputy Director, Federal Emergency Management Agency; Hon. Joe
Moravec, Commissioner, Public Building Service, General
Services Administration; Dr. David Sampson, Assistant Secretary
for Economic Development, Economic Development Administration,
U.S. Department of Commerce; Dr. Richard Meserve, Chairman,
Nuclear Regulatory Commission; Herbert Mitchell, Associate
Administrator for Disaster Assistance, Small Business
Administration; and Marianne L. Horinko, Assistant
Administrator, Office of Solid Waste and Emergency Response,
Environmental Protection Agency.
On June 5, 2002, the Committee on Environment and Public
Works held a hearing to receive testimony on S. 1586, a bill to
amend the Atomic Energy Act of 1954 to authorize the carrying
of firearms by employees of licensees, and for other purposes,
and S. 1746, a bill to amend the Atomic Energy Act of 1954 to
strengthen security at sensitive nuclear facilities. For this
hearing the witnesses were Hon. Edward J. Markey, U.S.
Representative from Massaschusetts; Hon. Richard A. Meserve,
Chairman, Chairman, Nuclear Regulatory Commission; David
Lochbaum, Nuclear Safety Engineer, Union of Concerned
Scientists, Washington, DC; Jack Skolds, Chief Nuclear Officer,
Excelon Corp., Washington, DC; Danielle Brian, Executive
Director, Project on Government Oversight, Washington, DC;
Donna J. Hastie, Emergency Planning Consultant, Marrietta, GA;
and Irwin Redlener, M.D., F.A.A.P., President, Children's
Health Fund, New York, NY.
On June 20, 2002, the Committee on Environment and Public
Works held a classified hearing on nuclear security, receiving
testimony from Federal Government witnesses.
Rollcall Votes
On May 15, 2003, the Committee on Environment and Public
Works met to consider S. 1043, the Nuclear Infrastructure
Security Act. An amendment in the nature of a substitute to the
bill was offered by the chairman and agreed to by voice vote.
Final passage of the measure and a motion to report the bill to
the Senate as amended was agreed by voice vote.
Regulatory Impact Statement
In compliance of section 11(b) of rule XXVI of the Standing
Rules of the Senate, the committee finds that S. 1043 does not
create any additional regulatory burdens, nor will it cause any
adverse impact on the personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1043 would
require States and private individuals to pay fees to the
Nuclear Regulatory Commission to cover increased costs for
security at nuclear facilities. According to the Congressional
Budget Office, costs to States and individuals cannot be
predicted with certainty, but that they probably would not
exceed the annual threshold for intergovermental or private-
sector mandates, as provided by UMRA.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 14, 2003.
Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1043, the Nuclear
Infrastructure Security Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lisa Cash
Driskill, who can be reached at 226-2860.
Sincerely,
Douglas Holtz-Eakin
----------
S. 1043, Nuclear Infrastructure Security Act of 2003, as ordered
reported by the Senate Committee on Environment and Public
Works on May 15, 2003
Summary
S. 1043 would establish several new security programs
designed to protect the nation's nuclear infrastructure. Those
programs would include appointing Federal security coordinators
for designated nuclear facilities, enhanced systems to manage
the security of sensitive radioactive materials, additional
requirements for security and emergency-response plans at
designated nuclear facilities, and additional training and
grant funding for the National Guard and State and local
authorities to improve security efforts at nuclear facilities.
Based on information from the Nuclear Regulatory Commission
(NRC), CBO estimates that implementing S. 1043 would have a
gross cost of $253 million over the 2004-2008 period. Although
the NRC currently has the authority to offset a substantial
portion of its annual appropriation with fees charged to the
facilities it regulates, S. 1043 would require that only the
cost of security inspections be offset through annual fees.
Accounting for such collections, CBO estimates that
implementing S. 1043 would result in a net cost of $235 million
over the 2004-2008 period, assuming appropriation of the
necessary amounts.
In addition, enacting S. 1043 would increase revenues by
establishing new criminal penalties for the sabotage of nuclear
facilities and by allowing certain facilities regulated by the
NRC to import weapons subject to a transfer tax. CBO estimates
that those penalties and transfer taxes would increase revenues
by less than $500,000 a year. Subsequent direct spending of
criminal penalties also would be less than $500,000 per year.
S. 1043 would impose both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA) by increasing NRC fees and requiring new security
procedures at certain nuclear facilities. Because several of
the mandates are dependent upon future actions of the NRC for
which information currently is not available, CBO cannot
determine the aggregate cost of all mandates contained in the
bill nor whether the costs to the private sector would exceed
the annual threshold for private-sector mandates ($117 million
in 2003, adjusted annually for inflation). CBO estimates,
however, that the costs to public entities would be small and
would not exceed the intergovernmental threshold ($59 million
in 2003, adjusted annually for inflation).
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 1043 is shown in the
following table. The costs of this legislation fall within
budget function 270 (energy).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2004 2005 2006 2007 2008
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION\1\
Federal Security Coordinators:
Estimated Authorization 0 20 21 21 22
Level......................
Estimated Outlays........... 0 14 19 21 22
Security of Sensitive
Radioactive Materials:
Estimated Authorization 12 12 12 12 13
Level......................
Estimated Outlays........... 8 11 12 12 13
Security and Emergency-Response
Plans:
Estimated Authorization 10 10 13 15 9
Level......................
Estimated Outlays........... 7 9 12 14 11
National Guard and Law
Enforcement Training:
Estimated Authorization 11 11 11 11 11
Level......................
Estimated Outlays........... 8 10 11 11 11
Rulemakings, Evaluations, and
Reports:
Estimated Authorization 6 4 6 2 1
Level......................
Estimated Outlays........... 4 3 5 3 2
Gross Changes in NRC Costs Under
S. 1043:
Estimated Authorization 39 57 63 61 56
Level......................
Estimated Outlays........... 27 47 59 61 59
Offsetting Collections for
Security-Response
Evaluations\2\:
Estimated Authorization -6 -6 -2 -2 -2
Level......................
Estimated Outlays........... -6 -6 -2 -2 -2
Net Changes in NRC Spending
Under S. 1043:
Estimated Authorization 33 51 61 59 54
Level......................
Estimated Outlays........... 21 41 57 59 57
------------------------------------------------------------------------
NOTE: Details may not sum to totals because of rounding.
\1\ S. 1043 also would affect revenues and direct spending but by less
than $500,000.
\2\ Under current law, collections are authorized at declining
percentages of the NRC's budget (92 percent in 2004, 90 percent in
2005, and 33 percent after 2005). To estimate the net cost of S. 1043,
those collection percentages were applied to the estimated cost of
security inspection programs as required by S. 1043.
Basis of Estimate
For this estimate, CBO assumes that the bill will be
enacted near the start of fiscal year 2004, that the necessary
amounts will be appropriated for each year, and that outlays
will occur at historical rates for similar programs.
Spending Subject to Appropriation
S. 1043 would establish several new security and emergency-
response programs to be implemented at the nation's nuclear
facilities. Based on information from the NRC, CBO assumes that
66 commercial nuclear sites in 31 States would meet the bill's
definition of a ``designated nuclear facility'' and thus would
be subject to the requirements of the bill. In addition, the
bill would require new registration and tracking procedures for
radioactive material, new nuclear security and emergency
planning procedures, and it would establish a training and
grant program for the National Guard and State and local law
enforcement personnel to improve security at nuclear
facilities.
In 2003, the NRC received a gross appropriation of $574
million. The agency is authorized to collect fees from the
nuclear industry to offset a significant portion of its budget;
CBO estimates that NRC will have net spending of $74 million in
2003. After the provisions of S. 1043 are fully implemented,
CBO estimates that NRC's new responsibilities would cost around
$60 million a year (in addition to its net spending under
current law), subject to appropriation of the necessary
amounts.
Based on information from the NRC, CBO estimates that
implementing S. 1043 would have a gross cost of $253 million
over the 2004-2008 period. Although the NRC has the authority
under current law to offset a substantial portion of its annual
appropriation with fees charged to the facilities it regulates,
S. 1043 would require that only the cost of security
inspections be offset through such fees. Accounting for such
collections, CBO estimates that implementing S. 1043 would
result in a net cost of $235 million over the 2004-2008 period,
assuming appropriation of the necessary amounts.
Federal Security Coordinators. S. 1043 would require that
the NRC hire and train security coordinators to be stationed in
each of the NRC's four regions. Under the bill, the Governor of
a State may request a security coordinator for each of the
nuclear facilities located in that State. For this estimate, we
assume that all 31 affected Governors would make such requests
and that all 66 sites designated under the bill would have
individual security coordinators in addition to the regional
coordinators.
Overall, we estimate that implementing this program would
require the NRC to hire and train about 85 personnel at a cost
of about $14 million per year and that the program would start
in 2005. We expect that the NRC would spend about $6 million
per year on training, travel, and equipment for those security
coordinators. Overall, CBO estimates that implementing this
program would cost $76 million over the 2005-2008 period.
Security of Sensitive Radioactive Material. S. 1043 would
require the NRC to improve the security requirements for
sensitive radioactive materials. Such improvements would
include revising licensing and classification systems,
establishing a tracking system, and increasing evaluation and
inspection of safeguard measures. Currently, the NRC spends
about $1 million per year to regulate certain radioactive
material used for industrial purposes. S. 1043 would
significantly expand that program to include a wide variety of
radioactive materials.
Based on information from the NRC, we estimate that this
expanded program would require additional appropriations of $12
million per year over the next 5 years. Funds would be used for
establishing new computer systems, hiring of additional staff,
and auditing sites with radioactive materials. Overall, we
estimate that implementation of this program would result in
outlays of $56 million over the 2004-2008 period.
Security-and Emergency-Response Plans. S. 1043 would
require the NRC to evaluate the emergency-response plans for
each of the 66 designated nuclear facilities in the United
States. Based on information from the NRC, CBO estimates that
those evaluations would cost an average of about $11 million
per year, or $53 million over the 2004-2008 period for
additional staff, equipment, training, and consulting services.
We expect that the new evaluation program would be offset by
fees charged to the NRC's licensees, thus we estimate that net
outlays for those provisions would be $35 million over the next
5 years.
Emergency-Response Planning. S. 1043 would require the NRC
to review and update the regulations for preparing emergency-
response plans at designated nuclear facilities. After such
regulations are updated, the NRC would be required to review
each plan for compliance and report to the Congress. We
estimate that it would cost the NRC about $1 million to review
and promulgate new rules for emergency-response plans over the
2004-2005 period and that reviewing the plans after new rules
are issued would cost about $8 million over the 2006-2008
period.
In addition to requiring upgrades to emergency plans, S.
1043 would require the NRC to observe and evaluate emergency-
response exercises and report to the Congress. Based on
information from the NRC, we expect that the agency would hire
additional staff to establish evaluation criteria to observe
emergency-response exercises. We estimate that activity would
cost about $9 million over the 2004-2008 period for additional
staff, support, training, and travel.
Security-Response Evaluations. S. 1043 would require the
NRC to establish a security-response-evaluation program that
would simulate the threats that nuclear facilities must be able
to defend against. At least once every 3 years, an evaluation
would be required at each designated nuclear facility. We
expect that the NRC would use contractors to conduct mock
exercises, known as force-on-force. Overall, we estimate that
the NRC would spend about $7 million per year to staff and
support a program office and contract for such exercises. CBO
estimates that the program would have a gross cost of about $35
million over the 2004-2008 period. Based on information from
the NRC, however, we expect that the cost of this program would
be offset by fees charged to the NRC's licensees. Such fees are
charged annually in declining percentages of the budget
authority for the NRC's programs. Accounting for such fees, we
estimate that implementing this provision would result in net
outlays of $17 million over the 2004-2008 period.
National Guard and Law Enforcement Training. S. 1043 would
establish a new program to provide technical assistance and
training for the National Guard and State and local law
enforcement agencies to respond to threats against the nation's
nuclear facilities. Under this program, the NRC would provide
training at each of the designated 66 facilities four times a
year at a cost of about $125,000 a year--at an estimated total
cost of $8 million per year. In addition, we estimate that the
31 States with designated nuclear facilities would each receive
grants of $100,000 per year for technical assistance and
training. Assuming appropriation of the necessary amounts, we
estimate that implementing those training and assistance
programs would require appropriations of about $11 million a
year, which would result in outlays of $51 million over the
2004-2008 period.
Rulemakings, Evaluations, and Reports. The bill would
require the NRC to prepare several reports for the Congress on
nuclear security issues and conduct reviews of security matters
at the nation's nuclear facilities. CBO has estimated the cost
of those additional efforts based on information from the NRC.
Specifically, the bill would require:
An examination of the security requirements for
the nation's nuclear infrastructure at an estimated cost of $4
million over the 2004-2005 period;
An update to rules on design-basis threat or the
threat that designated nuclear facilities must be able to
defend against at an estimated cost of $2 million over the
2004-2006 period;
An evaluation of each designated nuclear
facility's plan to defend against the updated design-basis
threat at an estimated cost of $3.5 million in 2006;
New rules regarding the handling of accelerator-
produced and by-product radioactive material at an estimated
cost of $1.5 million per year over the 2005-2007 period;
A review and update of employee security
standards at the nation's nuclear facilities at an estimated
cost of $4 million over the 2004-2008 period;
A report on the adequacy of criminal penalties
under the Atomic Energy Act at an estimated cost of $500,000 in
2004; and
A system to determine threat levels for the
nation's nuclear infrastructure at an estimated cost of
$300,000 over the 2005-2006 period;
Overall, we would expect that such evaluations,
rulemakings, and reports to the Congress have a cost of $19
million over the 2004-2008 period for additional staff,
support, and consulting services.
Direct Spending and Revenues
Enacting S. 1043 would increase revenues by establishing
new criminal penalties for the sabotage of a wide range of
nuclear facilities and fuel and allow certain facilities
regulated by the NRC to import weapons subject to a transfer
tax. CBO estimates that those penalties and transfer taxes
would increase revenues by less than $500,000 a year.
Subsequent direct spending of penalties collected for violation
of the criminal code would also be less than $500,000 per year.
Intergovernmental and Private-Sector Impact
S. 1043 would impose both intergovernmental and private-
sector mandates as defined in UMRA by:
Effectively increasing the annual fees collected
from NRC licensees to cover the costs of security inspections
by the NRC;
Effectively increasing fees collected from
licensees to pay for fingerprint checks by increasing the
number of individuals requiring background checks; and
Requiring new security standards and procedures
at designated nuclear facilities.
Because several of the mandates are dependent upon future
actions of the NRC for which information currently is not
available, CBO cannot determine the aggregate cost of all
mandates contained in the bill nor whether the costs to
private-sector entities would exceed the annual threshold for
private-sector mandates ($117 million in 2003, adjusted
annually for inflation). CBO estimates, however, that the costs
to public entities would be small and would not exceed the
intergovernmental threshold ($59 million in 2003, adjusted
annually for inflation).
S. 1043 would require the NRC to conduct security
inspections at licensed facilities. In addition, the bill would
require fingerprinting of additional individuals connected with
nuclear facilities as part of criminal background checks done
through the U.S. Attorney General's Office. The bill would
permit the NRC to offset the costs of the security inspections
with an increase in annual license fees. (Under current law,
the NRC collects annual fees from its licensees, both public
and private, to offset a major portion of its general fund
appropriation.) The cost of the government background checks
would be borne directly by licensees. Those increased costs
would be both a private-sector and an intergovernmental mandate
under UMRA. Based on information from the NRC, CBO estimates
that the additional annual fees they would collect would total
$1 million for publicly owned licensees (which represent
approximately 5 percent of all affected licensees) and $17
million for private licensees over the 2004-2008 period. The
increased fees for background checks would be small.
In addition, S. 1043 would require the NRC to promulgate
rules concerning:
Security requirements of sensitive radioactive
materials;
Threats that designated nuclear facilities must
protect against;
Security plans, emergency-response plans, and
preparedness for the facilities;
Involvement of appropriate local governments,
employers, and interested groups in the emergency-planning
process;
Access and training standards for employees of
the facilities; and
Handling of certain radioactive materials.
Complying with these new rules would constitute a mandate
as defined in UMRA, although the extent of those mandates would
be based upon future actions of the NRC. At this time, the NRC
cannot indicate the scope of the rules to be issued, and
accordingly, CBO cannot determine the cost of compliance.
Estimate Prepared By: Federal Costs: Lisa Cash Driskill; Impact
on State, Local, and Tribal Governments: Gregory Waring; Impact
on the Private Sector: Paige Piper/Bach.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes to Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
ATOMIC ENERGY ACT OF 1954
An Act for the development and control of atomic energy.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE I--ATOMIC ENERGY
Chapter 1. Declaration, Findings, and Purpose
* * * * * * *
Chapter 14. General Authority
Sec. 161. General provisions.
* * * * * * *
Sec. 170B. Uranium supply.
Sec. 170C. Protection of designated nuclear facilities.
Sec. 170D. Sensitive radioactive material security.
* * * * * * *
Sec. 11. Definition.--The intent of Congress in the
definitions as given in this section should be construed from
the words or phrases used in the definitions. As used in this
Act:
a. The term ``agency of the United States'' means the
executive branch of the United States, or any Government
agency, or the legislative branch of the United States, or any
agency, committee, commission, office, or other establishment
in the legislative branch, or the judicial branch of the United
States, or any office, agency, committee, commission, or other
establishment in the judicial branch.
* * * * * * *
e. The term ``byproduct material'' [means (1) any
radioactive] means--
(1) any radioactive material (except special
nuclear material) yielded in or made radioactive by
exposure to the radiation incident to the process of
producing or utilizing special nuclear [material, and
(2) the tailings] material;
(2) the tailings or wastes produced by the
extraction or concentration of uranium or thorium from
any ore processed primarily for its source material
[content.] content; and
(3)(A) any discrete source of radium-226 that is
produced, extracted, or converted after extraction,
before, on, or after the date of enactment of this
paragraph, for use in a commercial, medical, or
research activity; or
(B) any material that--
(i) has been made radioactive by use of a
particle accelerator; and
(ii) is produced, extracted, or converted
after extraction, before, on, or after the date
of enactment of this paragraph, for use in a
commercial, 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
Administrator of the Environmental Protection
Agency, 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
enactment of this paragraph, is extracted or
converted after extraction, for use in a
commercial, medical, or research activity.
* * * * * * *
[jj.] ii. Legal Costs.--As used in section 170, the term
``legal costs'' means the costs incurred by a plaintiff or a
defendant in initiating, prosecuting, investigating, settling,
or defending claims or suits for damage arising under such
section.
jj. Designated Nuclear Facility.--The term ``designated
nuclear facility'' means a facility that the Commission
classifies as a designated nuclear facility under section
170C(b).
kk. Private Security Force.--The term ``private security
force'', with respect to a designated nuclear facility, 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. 170. Indemnification and Limitation of Liability.--
\1\
---------------------------------------------------------------------------
\1\ This section is commonly referred to as the Price-Anderson Act.
---------------------------------------------------------------------------
a. Requirement of Financial Protection for Licensees.--Each
license issued under section 103 or 104 and each construction
permit issued under section 185 shall, and each license issued
under section 53, 63, or 81 may, for the public purposes cited
in section 2 i. have as a condition of the license a
requirement that the licensee have and maintain financial
protection of such type and in such amounts as the Nuclear
Regulatory Commission (in this section referred to as the
``Commission'') in the exercise of its licensing and regulatory
authority and responsibility shall require in accordance with
subsection b. to cover public liability claims. Whenever such
financial protection is required it may be a further condition
of the license that the licensee execute and maintain an
indemnification agreement in accordance with subsection c. The
Commission may require, as a further condition of issuing a
license, that an applicant waive any immunity from public
liability conferred by Federal or State law.
b. Amount and Type of Financial Protection for Licensees.--
(1) The amount of primary financial protection required shall
be the amount of liability insurance available from private
sources, except that the Commission may establish a lesser
amount on the basis of criteria set forth in writing, which it
may revise from time to time, taking into consideration such
factors as the following: (A) the cost and terms of private
insurance, (B) the type, size, and location of the licensed
activity and other factors pertaining to the hazard, and (C)
the nature and purpose of the licensed activity: Provided, That
for facilities designed for producing substantial amounts of
electricity and having a rated capacity of 100,000 electrical
kilowatts or more, the amount of primary financial protection
required shall be the maximum amount available at reasonable
cost and on reasonable terms from private sources (excluding
the amount of private liability insurance available under the
industry retrospective rating plan required in this
subsection). Such primary financial protection may include
private insurance, private contractual indemnities, self-
insurance, other proof of financial responsibility, or a
combination of such measures and shall be subject to such terms
and conditions as the Commission may, by rule, regulation, or
order, prescribe. The Commission shall require licensees that
are required to have and maintain primary financial protection
equal to the maximum amount of liability insurance available
from private sources to maintain, in addition to such primary
financial protection, private liability insurance available
under an industry retrospective rating plan providing for
premium charges deferred in whole or major part until public
liability from a nuclear incident exceeds or appears likely to
exceed the level of the primary financial protection required
of the licensee involved in the nuclear incident: Provided,
That such insurance is available to, and required of, all of
the licensees of such facilities without regard to the manner
in which they obtain other types or amounts of such primary
financial protection: And provided further: That the maximum
amount of the standard deferred premium that may be charged a
licensee following any nuclear incident under such a plan shall
not be more than $63,000,000 (subject to adjustment for
inflation under subsection t.), but not more than $10,000,000
in any 1 year, for each facility for which such licensee is
required to maintain the maximum amount of primary financial
protection: And provided further, That the amount which may be
charged a licensee following any nuclear incident shall not
exceed the licensee's pro rata share of the aggregate public
liability claims and costs (excluding legal costs subject to
subsection o. (1)(D), payment of which has not been authorized
under such subsection) arising out of the nuclear incident.
Payment of any State premium taxes which may be applicable to
any deferred premium provided for in this Act shall be the
responsibility of the licensee and shall not be included in the
retrospective premium established by the Commission.
(2)(A) The Commission may, on a case by case basis, assess
annual deferred premium amounts less than the standard annual
deferred premium amount assessed under paragraph (1)--
(i) for any facility, if more than one nuclear
incident occurs in any one calendar year; or
(ii) for any licensee licensed to operate more than
one facility, if the Commission determines that the
financial impact of assessing the standard annual
deferred premium amount under paragraph (1) would
result in undue financial hardship to such licensee or
the ratepayers of such licensee.
(B) In the event that the Commission assesses a lesser
annual deferred premium amount under subparagraph (A), the
Commission shall require payment of the difference between the
standard annual deferred premium assessment under paragraph (1)
and any such lesser annual deferred premium assessment within a
reasonable period of time, with interest at a rate determined
by the Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable obligations of
the United States of comparable maturities during the month
preceding the date that the standard annual deferred premium
assessment under paragraph (1) would become due.
(3) The Commission shall establish such requirements as are
necessary to assure availability of funds to meet any
assessment of deferred premiums within a reasonable time when
due, and may provide reinsurance or shall otherwise guarantee
the payment of such premiums in the event it appears that the
amount of such premiums will not be available on a timely basis
through the resources of private industry and insurance. Any
agreement by the Commission with a licensee or indemnitor to
guarantee the payment of deferred premiums may contain such
terms as the Commission deems appropriate to carry out the
purposes of this section and to assure reimbursement to the
Commission for its payments made due to the failure of such
licensee or indemnitor to meet any of its obligations arising
under or in connection with financial protection required under
this subsection including without limitation terms creating
liens upon the licensed facility and the revenues derived
therefrom or any other property or revenues of such licensee to
secure such reimbursement and consent to the automatic
revocation of any license.
(4)(A) In the event that the funds available to pay valid
claims in any year are insufficient as a result of the
limitation on the amount of deferred premiums that may be
required of a licensee in any year under paragraph (1) or (2),
or the Commission is required to make reinsurance or guaranteed
payments under paragraph (3), the Commission shall, in order to
advance the necessary funds--
(i) request the Congress to appropriate sufficient
funds to satisfy such payments; or
(ii) to the extent approved in appropriation Acts,
issue to the Secretary of the Treasury obligations in
such forms and denominations, bearing such maturities,
and subject to such terms and conditions as may be
agreed to by the Commission and the Secretary of the
Treasury.
(B) Except for funds appropriated for purposes of making
reinsurance or guaranteed payments under paragraph (3), any
funds appropriated under subparagraph (a)(i) shall be repaid to
the general fund of the United States Treasury from amounts
made available by standard deferred premium assessments, with
interest at a rate determined by the Secretary of the Treasury
on the basis of the current average market yield on outstanding
marketable obligations of the United States of comparable
maturities during the month preceding the date that the funds
appropriated under such subparagraph are made available.
(C) Except for funds appropriated for purposes of making
reinsurance or guaranteed payments under paragraph (3),
redemption of obligations issued under subparagraph (A)(ii)
shall be made by the Commission from amounts made available by
standard deferred premium assessments. Such obligations shall
bear interest at a rate determined by the Secretary of the
Treasury by taking into consideration the average market yield
on outstanding marketable obligations to the United States of
comparable maturities during the months preceding the issuance
of the obligations under this paragraph. The Secretary of the
Treasury shall purchase any issued obligations, and for such
purpose the Secretary of the Treasury may use as a public debt
transaction the proceeds from the sale of any securities issued
under chapter 31 of title 31, United States Code, and the
purposes for which securities may be issued under such chapter
are extended to include any purchase of such obligations. The
Secretary of the Treasury may at any time sell any of the
obligations acquired by the Secretary of the Treasury under
this paragraph. All redemptions, purchases, and sales by the
Secretary of the Treasury of obligations under this paragraph
shall be treated as public debt transactions of the United
States.
c. Indemnification of [Licenses] Licencees by Nuclear
Regulatory Commission.--The Commission shall, with respect to
licenses issued between August 30, 1954, and August 1, 2002,
for which it requires financial protection of less than
$560,000,000, agree to indemnify and hold harmless the licensee
and other persons indemnified, as their interest may appear,
from public liability arising from nuclear incidents which is
in excess of the level of financial protection required of the
licensee. The aggregate indemnity for all persons indemnified
in connection with each nuclear incident shall not exceed
$500,000,000, excluding costs of investigating and settling
claims and defending suits for damage: Provided, however, That
this amount of indemnity shall be reduced by the amount that
the financial protection required shall exceed $60,000,000.
Such a contract of indemnification shall cover public liability
arising out of or in connection with the licensed activity.
With respect to any production or utilization facility for
which a construction permit is issued between August 30, 1954,
and August 1, 2002, the requirements of this subsection shall
apply to any license issued for such facility subsequent to
August 1, 2002.
d. Indemnification of Contractors by Department of
Energy.--(1)(A) In addition to any other authority the
Secretary of Energy (in this section referred to as the
``Secretary'') may have, the Secretary shall, until August 1,
2002, enter into agreements of indemnification under this
subsection with any person who may conduct activities under a
contract with the Department of Energy that involve the risk of
public liability and that are not subject to financial
protection requirements under subsection b. or agreements of
indemnification under subsection c. or k.
(B)(i)(I) Beginning 60 days after the date of enactment of
the Price-Anderson Amendments Act of 1988, \2\ agreements of
indemnification under subparagraph (A) shall be the exclusive
means of indemnification for public liability arising from
activities described in such subparagraph, including activities
conducted under a contract that contains an indemnification
clause under Public Law 85-804 entered into between August 1,
1987, and the date of enactment of the Price-Anderson
Amendments Act of 1988. \2\
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\2\ The date of enactment was Aug. 20, 1988.
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(II) The Secretary may incorporate in agreements of
indemnification under subparagraph (A) the provisions relating
to the waiver of any issue or defense as to charitable or
governmental immunity authorized in subsection n. (1) to be
incorporated in agreements of indemnification. Any such
provisions incorporated under this subclause shall apply to any
nuclear incident arising out of nuclear waste activities
subject to an agreement of indemnification under subparagraph
(A).
(ii) Public liability arising out of nuclear waste
activities subject to an agreement of indemnification under
subparagraph (A) that are funded by the Nuclear Waste Fund
established in section 302 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10222) shall be compensated from the Nuclear
Waste Fund in an amount not to exceed the maximum amount of
financial protection required of licensees under subsection b.
(2) In agreements of indemnification entered into under
paragraph (1), the Secretary may require the contractor to
provide and maintain financial protection of such a type and in
such amounts as the Secretary shall determine to be appropriate
to cover public liability arising out of or in connection with
the contractual activity, and shall indemnify the persons
indemnified against such claims above the amount of the
financial protection required, to the full extent of the
aggregate public liability of the persons indemnified for each
nuclear incident, including such legal costs of the contractor
as are approved by the Secretary.
(3)(A) Notwithstanding paragraph (2), if the maximum amount
of financial protection required of the contractor, shall at
all times remain equal to or greater than the maximum amount of
financial protection required of licensees under subsection b.
(B) The amount of indemnity provided contractors under this
subsection shall not, at any time, be reduced in the event that
the maximum amount of financial protection required of
licensees is reduced.
(C) All agreements of indemnification under which the
Department of Energy (or its predecessor agencies) may be
required to indemnify any person, shall be deemed to be
amended, on the date of the enactment of the Price-Anderson
Amendments Act of 1988, \1\ to reflect the amount of indemnity
for public liability and any applicable financial protection
required of the contractor under this subsection on such date.
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\1\ The date of enactment was Aug. 20, 1988.
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(4) Financial protection under paragraph (2) and
indemnification under paragraph (1) shall be the exclusive
means of financial protection and indemnification under this
section for any Department of Energy demonstration reactor
licensed by the Commission under section 202 of the energy
Reorganization Act of 1974 (42 U.S.C. 5842).
(5) In the case of nuclear incidents occurring outside the
United States, the amount of the indemnity provided by the
Secretary under this subsection shall not exceed $100,000,000.
(6) The provisions of this subsection may be applicable to
lump sum as well as cost type contracts and to contracts and
projects financed in whole or in part by the Secretary.
(7) A contractor with whom an agreement of indemnification
has been executed under paragraph (1)(A) and who is engaged in
activities connected with the underground detonation of a
nuclear explosive device shall be liable, to the extent so
indemnified under this subsection, for injuries or damage
sustained as a result of such detonation in the same manner and
to the same extent as would a private person acting as
principal, and no immunity or defense founded in the Federal,
State, or municipal character of the contractor or of the work
to be performed under the contract shall be effective to bar
such liability.
e. Limitation on Aggregate Public Liability.--(1) The
aggregate public liability for a single nuclear incident of
persons indemnified, including such legal costs as are
authorized to be paid under subsection o. (1)(D), shall not
exceed--
(A) in the case of facilities designed for
producing substantial amounts of electricity and having
a rated capacity of 100,000 electrical kilowatts or
more, the maximum amount of financial protection
required of such facilities under subsection b. (plus
any surcharge assessed under subsection o. (1)(E));
(B) in the case of contractors with whom the
Secretary has entered into an agreement of
indemnification under subsection d., the maximum amount
of financial protection required under subsection b. or
the amount of indemnity and financial protection that
may be required under paragraph (3) of subsection d.,
whichever amount is more; and
(C) in the case of all licensees of the Commission
required to maintain financial protection under this
section--
(i) $500,000,000, together with the amount
of financial protection required of the
licensee; or
(ii) if the amount of financial protection
required of the licensee exceeds $60,000,000,
$560,000,000 or the amount of financial
protection required of the licensee, whichever
amount is more.
(2) In the event of a nuclear incident involving damages in
excess of the amount of aggregate public liability under
paragraph (1), the Congress will thoroughly review the
particular incident in accordance with the procedures set forth
in section 170 i. and will in accordance with such procedures,
take whatever action is determined to be necessary (including
approval of appropriate compensation plans and appropriation of
funds) to provide full and prompt compensation to the public
for all public liability claims resulting from a disaster of
such magnitude.
(3) No provision of paragraph (1) may be construed to
preclude the Congress from enacting a revenue measure,
applicable to licensees of the Commission required to maintain
financial protection pursuant to section b., to fund any action
undertaken pursuant to paragraph (2).
(4) With respect to any nuclear incident occurring outside
of the United States to which an agreement of indemnification
entered into under the provisions of subsection d. is
applicable, such aggregate public liability shall not exceed
the amount of $100,000,000, together with the amount of
financial protection required of the contractor.
f. Collection of Fees by Nuclear Regulatory Commission.--
The Commission or the Secretary, as appropriate, is authorized
to collect a fee from all persons with whom an indemnification
agreement is executed under this section. This fee shall be $30
per year per thousand kilowatts of thermal energy capacity for
facilities licensed under section 103: Provided, That the
Commission or the Secretary, as appropriate, is authorized to
reduce the fee for such facilities in reasonable relation to
increases in financial protection required above a level of
$60,000,000. For facilities licensed under section 104, and for
construction permits under section 185, the Commission is
authorized to reduce the fee set forth above. The Commission
shall establish criteria in writing for determination of the
fee for facilities licensed under section 104, taking into
consideration such factors as (1) the type, size, and location
of facility involved, and other factors pertaining to the
hazard, and (2) the nature and purpose of the facility. For
other licenses, the Commission shall collect such nominal fees
as it deems appropriate. No fee under this subsection shall be
less than $100 per year.
g. Use of Services of Private Insurers.--In administering
the provisions of this section, the Commission or the
Secretary, as appropriate, shall use, to the maximum extent
practicable, the facilities and services of private insurance
organizations, and the Commission or the Secretary, as
appropriate, may contract to pay a reasonable compensation for
such services. Any contract made under the provisions of this
subsection may be made without regard to the provisions of
section 3709 of the Revised Statutes (41 U.S.C. 5), as amended,
upon a showing by the Commission or the Secretary, as
appropriate, that advertising is not reasonably practicable and
advance payments may be made.
h. Conditions of Agreements of Indemnification.--The
agreement of indemnification may contain such terms as the
Commission or the Secretary, as appropriate, deems appropriate
to carry out the purposes of this section. Such agreement shall
provide that, when the Commission or the Secretary, as
appropriate, makes a determination that the United States will
probably be required to make indemnity payments under this
section, the Commission or the Secretary, as appropriate, shall
collaborate with any person indemnified and may approve the
payment of any claim under the agreement of indemnification,
appear through the Attorney General on behalf of the person
indemnified, take charge of such action, and settle or defend
any such action. The Commission or the Secretary, as
appropriate, shall have final authority on behalf of the United
States to settle or approve the settlement of any such claim on
a fair and reasonable basis with due regard for the purposes of
this Act. Such settlement shall not include expenses in
connection with the claim incurred by the person indemnified.
i. Compensation Plans.--(1) After any nuclear incident
involving damages that are likely to exceed the applicable
amount of aggregate public liability under subparagraph (A),
(B), or (C) of subsection e. (1), the Secretary or the
Commisison \1\, as appropriate, shall--
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\1\ So in original. Probably should be ``Commission''.
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(A) make a survey of the causes and extent of
damage; and
(B) expeditiously submit a report setting forth the
results of such survey to the Congress, to the
Representatives of the affected districts, to the
Senators of the affected States, and (except for
information that will cause serious damage to the
national defense of the United States) to the public,
to the parties involved, and to the courts.
(2) Not later than 90 days after any determination by a
court, pursuant to subsection o., that the public liability
from a single nuclear incident may exceed the applicable amount
of aggregate public liability under subparagraph (A), (B), or
(C) of subsection e. (1) the President shall submit to the
Congress--
(A) an estimate of the aggregate dollar value of
personal injuries and property damage that arises from
the nuclear incident and exceeds the amount of
aggregate public liability under subsection e. (1);
(B) recommendations for additional sources of funds
to pay claims exceeding the applicable amount of
aggregate public liability under subparagraph (A), (B),
or (C) of subsection e. (1), which recommendations
shall consider a broad range of possible sources of
funds (including possible revenue measures on the
sector of the economy, or on any other class, to which
such revenue measures might be applied);
(C) 1 or more compensation plans, that either
individually or collectively shall provide for full and
prompt compensation for all valid claims and contain a
recommendation or recommendations as to the relief to
be provided, including any recommendations that funds
be allocated or set aside for the payment of claims
that may arise as a result of latent injuries that may
not be discovered until a later date; and
(D) any additional legislative authorities
necessary to implement such compensation plan or plans.
(3)(A) Any compensation plan transmitted to the Congress
pursuant to paragraph (2) shall bear an identification number
and shall be transmitted to both Houses of Congress on the same
day and to each House while it is in session.
(B) The provisions of paragraphs (4) through (6) shall
apply with respect to consideration in the Senate of any
compensation plan transmitted to the Senate pursuant to
paragraph (2).
(4) No such compensation plan may be considered approved
for purposes of subsection 170 e. (2) unless between the date
of transmittal and the end of the first period of sixty
calendar days of continuous session of Congress after the date
on which such action is transmitted to the Senate, the Senate
passes a resolution described in paragraph 6 \1\ of this
subsection.
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\1\ So in original. Probably should be ``(6)''.
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(5) For the purpose of paragraph (4) of this subsection--
(A) continuity of session is broken only by an
adjournment of Congress sine die; and
(B) the days on which either House is not in
session because of an adjournment of more than three
days to a day certain are excluded in the computation
of the sixty-day calendar period.
(6)(A) This paragraph is enacted--
(i) as an exercise of the rulemaking power of the
Senate and as such it is deemed a part of the rules of
the Senate, but applicable only with respect to the
procedure to be followed in the Senate in the case of
resolutions described by subparagraph (B) and it
supersedes other rules only to the extent that it is
inconsistent therewith; and
(ii) with full recognition of the constitutional
right of the Senate to change the rules at any time, in
the same manner and to the same extent as in the case
of any other rule of the Senate.
(B) For purposes of this paragraph, the term ``resolution''
means only a joint resolution of the Congress the matter after
the resolving clause of which is as follows: ``That the
approves the compensation plan numbered submitted to
the Congress on , 19 .'', the first blank space
therein being filled with the name of the resolving House and
the other blank spaces being appropriately filled; but does not
include a resolution which specifies more than one compensation
plan.
(C) A resolution once introduced with respect to a
compensation plan shall immediately be referred to a committee
(and all resolutions with respect to the same compensation plan
shall be referred to the same committee) by the President of
the Senate.
(D)(i) If the committee of the Senate to which a resolution
with respect to a compensation plan has been referred has not
reported it at the end of twenty calendar days after its
referral, it shall be in order to move either to discharge the
committee from further consideration of such resolution or to
discharge the committee from further consideration with respect
to such compensation plan which has been referred to the
committee.
(ii) A motion to discharge may be made only by an
individual favoring the resolution, shall be highly privileged
(except that it may not be made after the committee has
reported a resolution with respect to the same compensation
plan), and debate thereon shall be limited to not more than one
hour, to be divided equally between those favoring and those
opposing the resolution. An amendment to the motion shall not
be in order, and it shall not be in order to move to reconsider
the vote by which the motion was agreed to or disagreed to.
(iii) If the motion to discharge is agreed to or disagreed
to, the motion may not be renewed, nor may another motion to
discharge the committee be made with respect to any other
resolution with respect to the same compensation plan.
(E)(i) When the committee has reported, or has been
discharged from further consideration of, a resolution, it
shall be at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to) to
move to proceed to the consideration of the resolution. The
motion shall be highly privileged and shall not be debatable.
An amendment to the motion shall not be in order, and it shall
not be in order to move to reconsider the vote by which the
motion was agreed to or disagreed to.
(ii) Debate on the resolution referred to in clause (i) of
this subparagraph shall be limited to not more than ten hours,
which shall be divided equally between those favoring and those
opposing such resolution. A motion further to limit debate
shall not be debatable. An amendment to, or motion to recommit,
the resolution shall not be in order, and it shall not be in
order to move to reconsider the vote by which such resolution
was agreed to or disagreed to.
(F)(i) Motions to postpone, made with respect to the
discharge from committee, or the consideration of a resolution
or motions to proceed to the consideration of other business,
shall be decided without debate.
(ii) Appeals from the decision of the Chair relating to the
application of the rules of the Senate to the procedures
relating to a resolution shall be decided without debate.
j. Contracts in Advance of Appropriations.--In
administering the provisions of this section, the Commission or
the Secretary, as appropriate, may make contracts in advance of
appropriations and incur obligations without regard to sections
1341, 1342, 1349, 1350, and 1351, and subchapter II of chapter
15, of title 31, United States Code.
k. Exemption From Financial Protection Requirement for
Nonprofit Educational Institutions.--With respect to any
license issued pursuant to section 53, 63, 81, 104 a., or 104
c. for the conduct of educational activities to a person found
by the Commission to be a nonprofit educational institution,
the Commission shall exempt such licensee from the financial
protection requirement of subsection a. With respect to
licenses issued between August 30, 1954, and August 1, 2002,
for which the Commission grants such exemption:
(1) the Commission shall agree to indemnify and
hold harmless the licensee and other persons
indemnified, as their interests may appear, from public
liability in excess of $250,000 arising from nuclear
incidents. The aggregate indemnity for all persons
indemnified in connection with each nuclear incident
shall not exceed $500,000,000, including such legal
costs of the licensee as are approved by the
Commission;
(2) such contracts of indemnification shall cover
public liability arising out of or in connection with
the licensed activity; and shall include damage to
property of persons indemnified, except property which
is located at the site of and used in connection with
the activity where the nuclear incident occurs; and
(3) such contracts of indemnification, when entered
into with a licensee having immunity from public
liability because it is a State agency, shall provide
also that the Commission shall make payments under the
contract on account of activities of the licensee in
the same manner and to the same extent as the
Commission would be required to do if the licensee were
not such a State agency.
Any licensee may waive an exemption to which it is entitled
under this subsection. With respect to any production or
utilization facility for which a construction permit is issued
between August 30, 1954, and August 1, 2002, the requirements
of this subsection shall apply to any license issued for such
facility subsequent to August 1, 2002.
(1) \1\ Presidential Commission on Catastrophic Nuclear
Accidents.--(1) Not later than 90 days after the date of the
enactment of the Price-Anderson Amendments Act of 1988, \2\ the
President shall establish a commission (in this subsection
referred to as the ``study commission'') in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.) to study means
of fully compensating victims of a catastrophic nuclear
accident that exceeds the amount of aggregate public liability
under subsection e. (1).
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\1\ So in original. Probably should be ``l.''.
\2\ The date of enactment was Aug. 20, 1988.
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(2)(A) The study commission shall consist of not less than
7 and not more than 11 members, who--
(i) shall be appointed by the President; and
(ii) shall be representative of a broad range of
views and interests.
(B) The members of the study commission shall be appointed
in a manner that ensures that not more than a mere majority of
the members are of the same political party.
(C) Each member of the study commission shall hold office
until the termination of the study commission, but may be
removed by the President for inefficiency, neglect of duty, or
malfeasance in office.
(D) Any vacancy in the study commission shall be filled in
the manner in which the original appointment was made.
(E) The President shall designate one of the members of the
study commission as chairperson, to serve at the pleasure of
the President.
(3) The study commission shall conduct a comprehensive
study of appropriate means of fully compensating victims of a
catastrophic nuclear accident that exceeds the amount of
aggregate public liability under subsection e. (1), and shall
submit to the Congress a final report setting forth--
(A) recommendations for any changes in the laws and
rules governing the liability or civil procedures that
are necessary for the equitable, prompt, and efficient
resolution and payment of all valid damage claims,
including the advisability of adjudicating public
liability claims through an administrative agency
instead of the judicial system;
(B) recommendations for any standards or procedures
that are necessary to establish priorities for the
hearing, resolution, and payment of claims when awards
are likely to exceed the amount of funds available
within a specific time period; and
(C) recommendations for any special standards or
procedures necessary to decide and pay claims for
latent injuries caused by the nuclear incident.
(4)(A) The chairperson of the study commission may appoint
and fix the compensation of a staff of such persons as may be
necessary to discharge the responsibilities of the study
commission, subject to the applicable provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) and title 5, United
States Code.
(B) To the extent permitted by law and requested by the
chairperson of the study commission, the Administrator of
General Services shall provide the study commission with
necessary administrative services, facilities, and support on a
reimbursable basis.
(C) The Attorney General, the Secretary of Health and Human
Services, and the Director of the Federal Emergency Management
Agency shall, to the extent permitted by law and subject to the
availability of funds, provide the study commission with such
facilities, support, funds and services, including staff, as
may be necessary for the effective performance of the functions
of the study commission.
(D) The study commission may request any Executive agency
to furnish such information, advice, or assistance as it
determines to be necessary to carry out its functions. Each
such agency is directed, to the extent permitted by law, to
furnish such information, advice or assistance upon request by
the chairperson of the study commission.
(E) Each member of the study commission may receive
compensation at the maximum rate prescribed by the Federal
Advisory Committee Act (5 U.S.C. App.) for each day such member
is engaged in the work of the study commission. Each member may
also receive travel expenses, including per diem in lieu of
subsistence under sections 5702 and 5703 of title 5, United
States Code.
(F) The functions of the President under the Federal
Advisory Committee Act (5 U.S.C. App.) that are applicable to
the study commission, except the function of reporting annually
to the Congress, shall be performed by the Administrator of
General Services.
(5) The final report required in paragraph (3) shall be
submitted to the Congress not later than the expiration of the
2-year period beginning on the date of the enactment of the
Price-Anderson Amendments Act of 1988. \1\
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\1\ The date of enactment was Aug. 20, 1988.
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(6) The study commission shall terminate upon the
expiration of the 2-month period beginning on the date on which
the final report required in paragraph (3) is submitted.
m. Coordinated Procedures for Prompt Settlement of Claims
and Emergency Assistance.--The Commission or the Secretary, as
appropriate, is authorized to enter into agreements with other
indemnitors to establish coordinated procedures for the prompt
handling, investigation, and settlement of claims for public
liability. The Commission or the Secretary, as appropriate, and
other indemnitors may make payments to, or for the aid of,
claimants for the purpose of providing immediate assistance
following a nuclear incident. Any funds appropriated to the
Commission or the Secretary, as appropriate, shall be available
for such payments. Such payments may be made without securing
releases, shall not constitute an admission of the liability of
any person indemnified or of any indemnitor, and shall operate
as a satisfaction to the extent thereof of any final settlement
or judgment.
n. Waiver of Defenses and Judicial Procedures.--(1) With
respect to any extraordinary nuclear occurrence to which an
insurance policy or contract furnished as proof of financial
protection or an indemnity agreement applies and which--
(A) arises out of or results from or occurs in the
course of the construction, possession, or operation of
a production or utilization facility,
(B) arises out of or results from or occurs in the
course of transportation of source material, byproduct
material, or special nuclear material to or from a
production or utilization facility,
(C) during the course of the contract activity
arises out of or results from the possession,
operation, or use by a Department of Energy contractor
or subcontractor of a device utilizing special nuclear
material or byproduct material,
(D) arises out of, results from, or occurs in the
course of, the construction, possession, or operation
of any facility licensed under section 53, 63, or 81,
for which the Commission has imposed as a condition of
the license a requirement that the licensee have and
maintain financial protection under subsection a.,
(E) arises out of, results from, or occurs in the
course of, transportation of source material, byproduct
material, or special nuclear material to or from any
facility licensed under section 53, 63, or 81, for
which the Commission has imposed as a condition of the
license a requirement that the licensee have and
maintain financial protection under subsection a., or
(F) arises out of, results from, or occurs in the
course of nuclear waste activities. \1\
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\1\ So in original. Probably should be a comma.
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the Commission or the Secretary, as appropriate, may
incorporate provisions in indemnity agreements with licensees
and contractors under this section, and may require provisions
to be incorporated in insurance policies or contracts furnished
as proof of financial protection, which waive (i) any issue or
defense as to conduct of the claimant or fault of persons
indemnified, (ii) any issue or defense as to charitable or
governmental immunity, and (iii) any issue or defense based on
any statute of limitations if suit is instituted within three
years from the date on which the claimant first knew, or
reasonably could have known, of his injury or damage and the
cause thereof. The waiver of any such issue or defense shall be
effective regardless of whether such issue or defense may
otherwise be deemed jurisdictional or relating to an element in
the cause of action. When so incorporated, such waivers shall
be judicially enforceable in accordance with their terms by the
claimant against the person indemnified. Such waivers shall not
preclude a defense based upon a failure to take reasonable
steps to mitigate damages, nor shall such waivers apply to
injury or damage to a claimant or to a claimant's property
which is intentionally sustained by the claimant or which
results from a nuclear incident intentionally and wrongfully
caused by the claimant. The waivers authorized in this
subsection shall, as to indemnitors, be effective only with
respect to those obligations set forth in the insurance
policies or the contracts furnished as proof of financial
protection and in the indemnity agreements. Such waivers shall
not apply to, or prejudice the prosecution or defense of, any
claim or portion of claim which is not within the protection
afforded under (i) the terms of insurance policies or contracts
furnished as proof of financial protection, or indemnity
agreements, and (ii) the limit of liability provisions of
subsection e.
(2) With respect to any public liability action arising out
of or resulting from a nuclear incident, the United States
district court in the district where the nuclear incident takes
place, or in the case of a nuclear incident taking place
outside the United States, the United States District Court for
the District of Columbia, shall have original jurisdiction
without regard to the citizenship of any party or the amount in
controversy. Upon motion of the defendant or of the Commission
or the Secretary, as appropriate, any such action pending in
any State court (including any such action pending on the date
of the enactment of the Price-Anderson Amendments Act of 1988)
\1\ or United States district court shall be removed or
transferred to the United States district court having venue
under this subsection. Process of such district court shall be
effective throughout the United States. In any action that is
or becomes removable pursuant to this paragraph, a petition for
removal shall be filed within the period provided in section
1446 of title 28, United States Code, or within the 30-day
period beginning on the date of the enactment of the Price-
Anderson Amendments Act of 1988, \1\ whichever occurs later.
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\1\ The date of enactment was Aug. 20, 1988.
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(3)(A) Following any nuclear incident, the chief judge of
the United States district court having jurisdiction under
paragraph (2) with respect to public liability actions (or the
judicial council of the judicial circuit in which the nuclear
incident occurs) may appoint a special caseload management
panel (in this paragraph referred to as the ``management
panel'') to coordinate and assign (but not necessarily hear
themselves) cases arising out of the nuclear incident, if--
(i) a court, acting pursuant to subsection o.,
determines that the aggregate amount of public
liability is likely to exceed the amount of primary
financial protection available under subsection b. (or
an equivalent amount in the case of a contractor
indemnified under subsection d.); or
(ii) the chief judge of the United States district
court (or the judicial council of the judicial circuit)
determines that cases arising out of the nuclear
incident will have an unusual impact on the work of the
court.
(B)(i) Each management panel shall consist only of members
who are United States district judges or circuit judges.
(ii) Members of a management panel may include any United
States district judge or circuit judge of another district
court or court of appeals, if the chief judge of such other
district court or court of appeals consents to such assignment.
(C) It shall be the function of each management panel--
(i) to consolidate related or similar claims for
hearing or trial;
(ii) to establish priorities for the handling of
different classes of cases;
(iii) to assign cases to a particular judge or
special master;
(iv) to appoint special masters to hear particular
types of cases, or particular elements or procedural
steps of cases;
(v) to promulgate special rules of court, not
inconsistent with the Federal Rules of Civil Procedure,
to expedite cases or allow more equitable consideration
of claims;
(vi) to implement such other measures, consistent
with existing law and the Federal Rules of Civil
Procedure, as will encourage the equitable, prompt, and
efficient resolution of cases arising out of the
nuclear incident; and
(vii) to assemble and submit to the President such
data, available to the court, as may be useful in
estimating the aggregate damages from the nuclear
incident.
o. Plan for Distribution of Funds.--(1) Whenever the United
States district court in the district where a nuclear incident
occurs, or the United States District Court for the District of
Columbia in case of a nuclear incident occurring outside the
United States, determines upon the petition of any indemnitor
or other interested person that public liability from a single
nuclear incident may exceed the limit of liability under the
applicable limit of liability under subparagraph (A), (B), or
(C) of subsection e. (1):
(A) Total payments made by or for all indemnitors
as a result of such nuclear incident shall not exceed
15 per centum of such limit of liability without the
prior approval of such court;
(B) The court shall not authorize payments in
excess of 15 per centum of such limit of liability
unless the court determines that such payments are or
will be in accordance with a plan of distribution which
has been approved by the court or such payments are not
likely to prejudice the subsequent adoption and
implementation by the court of a plan of distribution
pursuant to subparagraph (C); and
(C) The Commission or the Secretary, as
appropriate, shall, and any other indemnitor or other
interested person may, submit to such district court a
plan for the disposition of pending claims and for the
distribution of remaining funds available. Such a plan
shall include an allocation of appropriate amounts for
personal injury claims, property damage claims, and
possible latent injury claims which may not be
discovered until a later time. Such court shall have
all power necessary to approve, disapprove, or modify
plans proposed, or to adopt another plan; and to
determine the proportionate share of funds available
for each claimant. The Commission or the Secretary as
appropriate, any other indemnitor, and any person
indemnified shall be entitled to such orders as may be
appropriate to implement and enforce the provisions of
this section, including orders limiting the liability
of the persons indemnified, orders approving or
modifying the plan, orders staying the payment of
claims and the execution of court judgments, orders
apportioning the payments to be made to claimants, and
orders permitting partial payments to be made before
final determination of the total claims. The orders of
such court shall be effective throughout the United
States and shall include establishment of priorities
between claimants and classes of claims, as necessary
to insure the most equitable allocation of available
funds.
(D) A court may authorize payment of only such
legal costs as are permitted under paragraph (2) from
the amount of financial protection required by
subsection b.
(E) If the sum of public liability claims and legal
costs authorized under paragraph (2) arising from any
nuclear incident exceeds the maximum amount of
financial protection required under subsection b., any
licensee required to pay a standard deferred premium
under subsection b. (1) shall, in addition to such
deferred premium, be charged such an amount as is
necessary to pay a pro rata share of such claims and
costs, but in no case more than 5 percent of the
maximum amount of such standard deferred premium
described in such subsection.
(2) A court may authorize the payment of legal costs under
paragraph (1)(D) only if the person requesting such payment
has--
(A) submitted to the court the amount of such
payment requested; and
(B) demonstrated to the court--
(i) that such costs are reasonable and
equitable; and
(ii) that such person has--
(I) litigated in good faith;
(II) avoided unnecessary
duplication of effort with that of
other parties similarly situated;
(III) not made frivolous claims or
defenses; and
(IV) not attempted to unreasonably
delay the prompt settlement or
adjudication of such claims.
p. Reports to Congress.--The Commission and the Secretary
shall submit to the Congress by August 1, 1998, detailed
reports concerning the need for continuation or modification of
the provisions of this section, taking into account the
condition of the nuclear industry, availability of private
insurance, and the state of knowledge concerning nuclear safety
at that time, among other relevant factors, and shall include
recommendations as to the repeal or modification of any of the
provisions of this section.
q. Limitation on Awarding of Precautionary Evacuation
Cost.--No court may award costs of a precautionary evacuation
unless such costs constitute a public liability.
r. Limitation on Liability of Lessors.--No person under a
bona fide lease of any utilization or production facility (or
part thereof or undivided interest therein) shall be liable by
reason of an interest as lessor of such production or
utilization facility, for any legal liability arising out of or
resulting from a nuclear incident resulting from such facility,
unless such facility is in the actual possession and control of
such person at the time of the nuclear incident giving rise to
such legal liability.
s. Limitation on Punitive Damages.--No court may award
punitive damages in any action with respect to a nuclear
incident or precautionary evacuation against a person on behalf
of whom the United States is obligated to make payments under
an agreement of indemnification covering such incident or
evacuation.
t. Inflation Adjustment.--(1) The Commission shall adjust
the amount of the maximum standard deferred premium under
subsection b. (1) not less than once during each 5-year period
following the date of the enactment of the Price-Anderson
Amendments Act of 1988, in accordance with the aggregate
percentage change in the Consumer Price Index since--
(A) such date of enactment, in the case of the
first adjustment under this subsection; or
(B) the previous adjustment under this subsection.
(2) For purposes of this subsection, the term ``Consumer
Price Index'' means the Consumer Price Index for all urban
consumers published by the Secretary of Labor.
[42 U.S.C. 2210]
Sec. 170A. Conflicts of Interest Relating to Contracts and
Other Arrangements.--
a. The Commission shall, by rule, require any person
proposing to enter into a contract, agreement, or other
arrangement, whether by competitive bid or negotiation, under
this Act or any other law administered by it for the conduct of
research, development, evaluation activities, or for technical
and management support services, to provide the Commission,
prior to entering into any such contract, agreement, or
arrangement, with all relevant information, as determined by
the Commission, bearing on whether that person has a possible
conflict of interest with respect to--
(1) being able to render impartial, technically
sound, or objective assistance or advice in light of
other activities or relationships with other persons,
or
(2) being given an unfair competitive advantage.
Such person shall insure, in accordance with
regulations prescribed by the Commission, compliance
with this section by any subcontractor (other than a
supply subcontractor) of such person in the case of any
subcontract for more than $10,000.
b. The Commission shall not enter into any such contract
agreement or arrangement unless it finds, after evaluating all
information provided under subsection a. and any other
information otherwise available to the Commission that--
(1) it is unlikely that a conflict of interest
would exist, or
(2) such conflict has been avoided after
appropriate conditions have been included in such
contract, agreement, or arrangement; except that if the
Commission determines that such conflict of interests
exists and that such conflict of interest cannot be
avoided by including appropriate conditions therein,
the Commission may enter into such contract, agreement,
or arrangement, if the Commission determines that it is
in the best interests of the United States to do so and
includes appropriate conditions in such contract,
agreement, or arrangement to mitigate such conflict.
c. The Commission shall publish rules for the
implementation of this section, in accordance with section 553
of title 5, United States Code (without regard to subsection
(a)(2) thereof) as soon as practicable after the date of the
enactment of this section, \1\ but in no event later than 120
days after such date.
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\1\ The date of enactment was Nov. 6, 1978.
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[42 U.S.C. 2210a]
Sec. 170B. Uranium Supply.--
a. The Secretary of Energy shall monitor and for the years
1983 to 1992 report annually to the Congress and to the
President a determination of the viability of the domestic
uranium mining and milling industry and shall establish by
rule, after public notice and in accordance with the
requirements of section 181 of this Act, within 9 months of
enactment of this section, specific criteria which shall be
assessed in the annual reports on the domestic uranium
industry's viability. The Secretary of Energy is authorized to
issue regulations providing for the collection of such
information as the Secretary of Energy deems necessary to carry
out the monitoring and reporting requirements of this section.
b. Upon a satisfactory showing to the Secretary of Energy
by any person that any information, or portion thereof obtained
under this section, would, if made public, divulge proprietary
information of such person, the Secretary shall not disclose
such information and disclosure thereof shall be punishable
under section 1905 of title 18, United States Code.
c. The criteria referred to in subsection a. shall also
include, but not be limited to--
(1) an assessment of whether executed contracts or
options for source material or special nuclear material
will result in greater than 37\1/2\ percent of actual
or projected domestic uranium requirements for any two-
consecutive-year period being supplied by source
material or special nuclear material from foreign
sources;
(2) projections of uranium requirements and
inventories of domestic utilities for a 10 year period;
(3) present and probable future use of the domestic
market by foreign imports;
(4) whether domestic economic reserves can supply
all future needs for a future 10 year period;
(5) present and projected domestic uranium
exploration expenditures and plans;
(6) present and projected employment and capital
investment in the uranium industry;
(7) the level of domestic uranium production
capacity sufficient to meet projected domestic nuclear
power needs for a 10 year period; and
(8) a projection of domestic uranium production and
uranium price levels which will be in effect under
various assumptions with respect to imports.
d. The Secretary or \1\ Energy, at any time, may determine
on the basis of the monitoring and annual reports required
under this section that source material or special nuclear
material from foreign sources is being imported in such
increased quantities as to be a substantial cause of serious
injury, or threat thereof, to the United States uranium mining
and milling industry. Based on that determination, the United
States Trade Representative shall request that the United
States International Trade Commission initiate an investigation
under section 201 of the Trade Act of 1974 (19 U.S.C. 2251).
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``of''.
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e. (1) If, during the period 1982 to 1992, the Secretary of
Energy determines that executed contracts or options for source
material or special nuclear material from foreign sources for
use in utilization facilities within or under the jurisdiction
of the United States represent greater than 37\1/2\ percent of
actual or projected domestic uranium requirements for any two-
consecutive-year period, or if the Secretary of Energy
determines the level of contracts or options involving source
material and special nuclear material from foreign sources may
threaten to impair the national security, the Secretary of
Energy shall request the Secretary of Commerce to initiate
under section 232 of the Trade Expansion Act of 1962 (19 U.S.C.
1862) an investigation to determine the effects on the national
security of imports of source material and special nuclear
material. The Secretary of Energy shall cooperate fully with
the Secretary of Commerce in carrying out such an investigation
and shall make available to the Secretary of Commerce the
findings that lead to this request and such other information
that will assist the Secretary of Commerce in the conduct of
the investigation.
(2) The Secretary of Commerce shall, in the conduct of any
investigation requested by the Secretary of Energy pursuant to
this section, take into account any information made available
by the Secretary of Energy, including information regarding the
impact on national security of projected or executed contracts
or options for source material or special nuclear material from
foreign sources or whether domestic production capacity is
sufficient to supply projected national security requirements.
(3) No sooner than 3 years following completion of any
investigation by the Secretary of Commerce under paragraph (1),
if no recommendation has been made pursuant to such study for
trade adjustments to assist or protect domestic uranium
production, the Secretary of Energy may initiate a request for
another such investigation by the Secretary of Commerce.
SEC. 170C. PROTECTION OF DESIGNATED NUCLEAR FACILITIES.
(a) Definitions.--In this section:
(1) Certificate holder.--The term ``certificate
holder'' means the holder of a certificate of
compliance issued by the Commission under this Act.
(2) Federal security coordinator.--The term
``Federal security coordinator'' means a Federal
security coordinator as assigned under this Act.
(3) Design basis threat.--The term ``design basis
threat'' means the threat components or capability of
an adversary against which a nuclear facility 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) Classes of Designated Nuclear Facility.--
(1) In general.--Not later than 18 months after the
date of enactment of this section, the Commission
shall, by regulation, establish classes of designated
nuclear facility.
(2) Classification.--The Commission shall classify
facilities licensed by the Commission or issued a
certificate by the Commission, including--
(A) commercial nuclear power plants;
(B) independent spent fuel storage
installations;
(C) decommissioned nuclear power plants;
(D) fuel processing facilities;
(E) gaseous diffusion facilities; and
(F) any other facility that the Commission
determines should be classified as a designated
nuclear facility.
(3) Factors.--In determining whether to classify a
facility as a designated nuclear facility, the
Commission shall consider--
(A) the nature or type of facility;
(B) the nature or type of potential
radiological release from the facility; and
(C) other factors relating to protecting
public health and safety, the environment, and
the common defense and security.
(c) Security Examination.--
(1) In general.--The Commission and the Secretary
of Homeland Security, in consultation with other
agencies and State and local governments as
appropriate, shall examine--
(A) potential threats to nuclear
facilities, as appropriate, including
consideration of--
(i) threats comparable to the
events of September 11, 2001;
(ii) cyber threats, chemical
threats, and biological threats;
(iii) attacks on nuclear facilities
by multiple coordinated teams of a
large number of individuals;
(iv) attacks by several persons,
including persons employed at the
nuclear facility, some of whom may have
sophisticated knowledge of the
operations of the nuclear facility;
(v) attacks by individuals willing
to commit suicide to carry out the
attacks;
(vi) intrusions originating from
water or from the air; and
(vii) fire, especially fire of a
long duration;
(B) classification of threats against
nuclear facilities, as appropriate, as--
(i) a type of threat falling under
the responsibilities of the Federal
Government, including an act by an
enemy of the United States, whether a
foreign government or any other person;
(ii) a type of threat falling under
the responsibility of a State or local
government; or
(iii) a type of threat the defense
against which should be the
responsibility of a licensee or
certificate holder;
(C) the national security response
capability, including--
(i) identification of the
obligations and authorities of the
United States for protection of areas
(including waterways, ports, roadways,
airspace, or facilities in the vicinity
of a nuclear facility) in the event of
a terrorist threat or a terrorist
attack against a nuclear facility, as
appropriate;
(ii) identification of the Federal,
State, and local agencies responsible
for carrying out the obligations and
authorities of the United States
identified under clause (i); and
(iii) coordination between the
Federal, State and local agencies
identified under clause (ii), the
Commission, and licensees or
certificate holders of nuclear
facilities, for protection of nuclear
facilities and adjacent areas in the
event of a terrorist threat or a
terrorist attack;
(D) coordination of Federal, State, and
local security efforts to protect against
terrorist or other criminal attacks at nuclear
facilities, as appropriate;
(E) the adequacy of planning to protect the
public health and safety at and around nuclear
facilities, as appropriate, in the event of a
terrorist attack against a nuclear facility,
including--
(i) matters relating to the
adequacy of emergency planning zones;
(ii) matters relating to the
adequacy and coordination of Federal,
State, and local emergency planning and
other measures; and
(iii) matters relating to the
adequacy of security plans for those
nuclear facilities;
(F) the system of threat levels, consistent
with the Homeland Security Advisory System,
used to categorize the threats pertinent to
nuclear facilities, as appropriate, including--
(i) procedures to ensure
coordinated Federal, State, and local
responses to changing threat levels for
those nuclear facilities;
(ii) monitoring of threats against
those nuclear facilities; and
(iii) procedures to notify
licensees and certificate holders of
those nuclear facilities of changes in
threat levels;
(H) the hiring and training standards for
members of private security forces at nuclear
facilities, as appropriate;
(I) the coordination of Federal resources
to expedite and improve the process of
conducting background checks under section 149;
(J) the establishment by the Secretary of
Homeland Security of a program to provide
technical assistance and training for the
National Guard, State law enforcement agencies,
and local law enforcement agencies to respond,
as appropriate, to threats against nuclear
facilities, as appropriate, including
recommendations for the establishment of a
grant program to assist State and local
governments in carrying out any recommendations
under paragraph (3); and
(K) options for protecting spent fuel
storage areas, such as dry cask storage, and
associated infrastructure.
(2) Completion.--The Commission and the Secretary
of Homeland Security shall complete the security
examination under paragraph (1) not later than 1 year
after the date of enactment of this section.
(3) Report.--Not later than 180 days after
completion of the security examination under paragraph
(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.
(d) Revision of Design Basis Threats.--
(1) In general.--Not later than 180 days after
completion of the report under subsection (c)(3), the
Commission shall by regulation revise the design basis
threats promulgated before the date of enactment of
this section as the Commission determines to be
appropriate based on the security examination.
(2) Applicability.--A revised design basis threat
under paragraph (1) shall apply to such classes of
designated nuclear facility as the Commission
determines to be appropriate.
(3) Protection of safeguards information.--
(A) In general.--In promulgating any
regulations under this subsection, the
Commission shall ensure protection of
information in accordance with chapter 12,
section 181, and any other applicable law.
(B) Effect of section.--Nothing in this
section supersedes any law governing the
disclosure of classified information or
safeguards information.
(C) Reports to congress on withheld
information.--
(i) Report.--Not later than 60 days
after the effective date of the
regulations required by this
subsection, the Commission shall submit
to Congress a report, in classified and
unclassified form, describing any
classified information, safeguards
information, or other information that
the Commission considered in
promulgating the regulations but did
not make available to the public
because of the sensitive nature of the
information.
(ii) Orders to licensees or
certificate holders.--Periodically, but
not less than once every 6 months, the
Commission shall submit to Congress a
report, in classified and unclassified
form, identifying any orders or
instructions to operators, licensees,
or certificate holders issued under the
regulations required by this subsection
that were not made public because of
their classified content, safeguards
content, or sensitive content.
(e) Threat Levels.--Not later than 150 days after the date
of submission of the report under subsection (c)(3), the
Commission shall establish a system for the determination of
threat levels pertinent to--
(1) such classes of designated nuclear facility as
the Commission determines to be appropriate; and
(2) materials subject to this Act as designated by
the Commission.
(f) Security Plans.--
(1) In general.--Pursuant to any action taken by
the Commission under subsection (d)(1) to revise a
design basis threat, not later than 30 days after the
revised design basis threat under subsection (d)
becomes effective, the Commission shall require each
licensee or certificate holder of a designated nuclear
facility that is subject to the revised design basis
threat to--
(A) revise the security plan of that
designated nuclear facility to ensure that that
designated nuclear facility protects against
the appropriate design basis threats; and
(B) submit the security plan to the
Commission for review.
(2) Review schedule.--The Commission shall
establish a priority schedule for conducting reviews of
security plans based on--
(A) the proximity of the designated nuclear
facility to large population areas; and
(B) other critical factors identified by
the Commission.
(3) Upgrades to security.--The Commission shall
ensure that the licensee or certificate holder of each
designated nuclear facility that is subject to the
revised design basis threat makes any changes to
security and the security plan required from the
Commission review on a schedule established by the
Commission, but not to exceed 18 months after
completion of the review.
(g) Emergency Response Plans and Preparedness.--
(1) In general.--The Commission and the Secretary
of Homeland Security, in consultation with other
Federal, State, and local government agencies, as
appropriate, shall review and update the requirements
in effect on the date of enactment of this section for
on-site and off-site emergency response plans and
preparedness for response to an emergency involving a
designated nuclear facility in such classes of
designated nuclear facility as the Commission
determines to be appropriate to ensure that the
requirements--
(A) are adequate to protect public health
and safety;
(B) provide reasonable assurance that the
plans can and will be implemented; and
(C) provide reasonable assurance that
adequate protective measures can and will be
taken in the event of such an emergency.
(2) Requirements.--At a minimum, the updated
requirements applicable to a designated nuclear
facility under paragraph (1) shall provide for--
(A) the establishment of, clear definition
of, assignment of, and assurance of the ability
to carry out, responsibilities of emergency
response organizations and personnel among the
licensee or certificate holder, State and local
organizations, and other supporting
organizations;
(B) methods and procedures for the clear
and prompt notification of State and local
response organizations and the public by the
licensee or certificate holder;
(C) methods and procedures for prompt
communication and coordination among emergency
response organizations and personnel and the
public;
(D) dissemination of information to the
public, including pre-emergency education on a
periodic basis and in the event of an actual
emergency;
(E) adequate emergency facilities and
equipment at and around the designated nuclear
facility;
(F) the use of appropriate methods,
systems, and equipment for assessing and
monitoring actual and potential impacts of an
emergency, including a radiological emergency;
(G) a range of protective actions for the
public, including appropriate evacuation and
sheltering and the prophylactic use of
potassium iodide;
(H) means for controlling radiological
exposures and other hazardous exposures;
(I) appropriate medical services;
(J) recovery and reentry plans; and
(K) radiological emergency response
training.
(3) Factors.--The updated requirements under
paragraph (1) shall address relevant factors,
including--
(A) population density, topography, land
characteristics, access routes, and
jurisdictional boundaries;
(B) unique aspects of an emergency
resulting from a terrorist attack;
(C) available technology and technical
innovations; and
(D) other factors, as determined by the
Commission or the Secretary of Homeland
Security.
(4) Stakeholder involvement.--In updating
requirements under paragraph (1), the Commission and
the Secretary of Homeland Security shall include
requirements for appropriate stakeholder involvement in
the planning and exercise process, including the
involvement of--
(A) local governments;
(B) large employers;
(C) facilities such as schools, hospitals,
nursing homes, and prisons;
(D) advocacy groups; and
(E) other interested groups and individuals
near a designated nuclear facility.
(5) Regulations.--
(A) In general.--The Commission and the
Secretary of Homeland Security shall promulgate
regulations implementing this subsection not
later than 180 days following the completion of
the report under subsection (c)(3).
(B) Effective date.--The regulations shall
take effect not later than 90 days after the
date of promulgation.
(6) Reviews.--
(A) In general.--Not later than 60 days
after the effective date of the regulations
under paragraph (5), the Commission, in
coordination with the Secretary of Homeland
Security and, as appropriate, in consultation
with other Federal, State, and local government
agencies, shall begin reviewing on-site and
off-site emergency response plans and
preparedness capabilities for compliance with
the regulations.
(B) Review schedule.--The Commission, in
coordination with the Secretary of Homeland
Security, shall establish a priority schedule
for conducting reviews of emergency response
plans and preparedness capabilities under
subparagraph (A) based on the relative
vulnerability of the designated nuclear
facilities that are subject to the regulations
and the proximity of the designated nuclear
facilities to high population density areas.
(C) Report.--The Commission, in
coordination with the Secretary of Homeland
Security, shall submit to Congress a report, in
classified and unclassified form, describing
the results of each review conducted under
subparagraph (A).
(7) Effect of subsection.--Nothing in this
subsection limits the authority of the Commission or
the Secretary of Homeland Security to take other
actions for protection of the public health and safety,
the environment, or the common defense and security
under any other authority of the Commission or the
Secretary of Homeland Security.
(h) Employee Security.--
(1) Review.--Not later than 180 days after the date
of enactment of this section, the Commission shall
review and update as appropriate the access and
training standards for employees of nuclear facilities.
(2) Disqualification of individuals who present
national security risks.--The Commission shall
establish qualifications and procedures, in addition to
fingerprinting for criminal history record checks
conducted under section 149, to ensure that no
individual who presents a threat to national security
is employed at a designated nuclear facility in such
classes of designated nuclear facility as the
Commission determines to be appropriate.
(i) Federal Security Coordinators.--
(1) Regional offices.--Not later than 18 months
after the date of enactment of this section, the
Commission shall assign a Federal security coordinator,
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 in such classes of
designated nuclear facilities as the Commission
determines to be appropriate;
(B) ensuring that a designated nuclear
facility in such classes of designated nuclear
facility as the Commission determines to be
appropriate maintains security consistent with
the security plan in accordance with the
appropriate threat level; and
(C) assisting in the coordination of
security measures among--
(i) the private security force at a
designated nuclear facility in such
classes of designated nuclear
facilities as the Commission determines
to be appropriate; and
(ii) Federal, State, and local
authorities, as appropriate.
(3) Additional federal security coordinators.--
(A) In general.--The Commission may assign
an additional Federal security coordinator, as
the Commission considers appropriate, to a
Commission office on the site of a designated
nuclear facility.
(B) Request by governor.--The Governor of
any State that contains a designated nuclear
facility may request the assignment of an
additional Federal security coordinator to 1 or
more designated nuclear facilities in that
State.
(j) National Security Capability.--
(1) In general.--Not later than 18 months after the
date of enactment of this section, the President shall
identify the national security support capability to
protect designated nuclear facilities against terrorist
threats and attacks.
(2) Elements.--The national security support
capability shall use capabilities of such Federal
agencies identified in the report under subsection
(c)(3), or of other Federal, State, and local agencies,
as the President determines to be appropriate.
(3) Capabilities.--
(A) In general.--The national security
support capability shall provide assistance to
the private security force at each designated
nuclear facility in such classes of designated
nuclear facilities as the Commission determines
to be appropriate, appropriate State and local
agencies including emergency response and law
enforcement agencies, and where appropriate,
the National Guard, in accordance with the
obligations and authorities of the United
States, as identified in the report to Congress
required under subsection (c)(3).
(B) Coordination.--The President shall
ensure that effective coordination exists
between Federal agencies, the Commission, and
State and local governments in planning and
deployment for prevention, deterrence, and
response to actual or potential terrorist
attacks against such classes of designated
nuclear facility as the Commission considers
appropriate.
(4) Training program.--
(A) In general.--The President shall
establish a program to provide technical
assistance and training to Federal agencies,
the National Guard, and State and local law
enforcement and emergency response agencies in
responding to threats against a designated
nuclear facility.
(B) Grants.--The President may provide
grants to State and local governments to assist
in carrying out subparagraph (A).
(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection.
(k) Classified Information.--Nothing in this section
supersedes any law governing the disclosure of classified
information or safeguards 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
inserting the following:
a. In General.--
(1) Requirements.--
(A) In general.--The Commission shall
require--
(i) each licensee, certificate
holder, or applicant for a license or
certificate to operate a utilization
facility under section 103 or 104(b);
and
(ii) each licensee or applicant for
a license 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 described in
subparagraph (B).
(B) Individuals required to be
fingerprinted.--The Commission shall require to
be fingerprinted each individual who--
(i) is permitted unescorted access
to--
(I) a utilization facility;
or
(II) radioactive material
or other property identified by
the Commission under
subparagraph (A)(ii); or
(ii) is permitted access to
safeguards information under section
147.'';
(B) by striking ``All fingerprints'' and
inserting the following:
(2) Submission to the attorney general.--All
fingerprints'';
(C) by striking ``The costs'' and inserting
the following;
(3) Costs.--The costs'';
(D) by striking ``Notwithstanding'' and
inserting 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) by redesignating subsection d. as subsection
e.; and
(3) by inserting after subsection c. the following:
d. Use of Other Biometric Methods.--Any requirement for a
person to conduct fingerprinting under this section may be
satisfied by using any other biometric method for
identification approved for use by the Attorney General.
SEC. 170D. SENSITIVE RADIOACTIVE MATERIAL SECURITY.
(a) Definitions.--In this section:
(1) Sensitive radioactive material.--
(A) In general.--The term `sensitive
radioactive material' means--
(i) a material--
(I) that is a source
material, by-product material,
or special nuclear material; or
(II) that is any other
radioactive material
(regardless of whether the
material is or has been
licensed or otherwise regulated
under this Act) produced or
made radioactive before or
after the date of enactment of
this section; and
(ii) that is in such a form or
quantity or concentration that the
Commission determines should be
classified as `sensitive radioactive
material' that warrants improved
security and protection against loss,
theft, or sabotage.
(B) Exclusion.--The term `sensitive
radioactive material' does not include nuclear
fuel or spent nuclear fuel.
(2) Security threat.--The term `security threat'
means--
(A) a threat of sabotage or theft of
sensitive radioactive material;
(B) a threat of use of sensitive
radioactive material in a radiological
dispersal device; and
(C) any other threat of terrorist or other
criminal activity involving sensitive
radioactive material that could harm the health
or safety of the public due primarily to
radiological properties of the sensitive
radioactive material, as determined by the
Commission.
(b) Duties.--
(1) In general.--The Commission, in consultation
with Secretary of Homeland Security, Secretary of
Energy, Director of Central Intelligence, Director of
the Federal Bureau of Investigation, Director of the
Customs Service, and Administrator of the Environmental
Protection Agency, shall--
(A) evaluate the security of sensitive
radioactive material against security threats;
and
(B) recommend administrative and
legislative actions to be taken to provide an
acceptable level of security against security
threats.
(2) Considerations.--In carrying out paragraph (1),
the Commission shall consider actions, as appropriate
to--
(A) determine the radioactive materials
that should be classified as sensitive
radioactive materials;
(B) develop a classification system for
sensitive radioactive materials that--
(i) is based on the potential for
use by terrorists of sensitive
radioactive material and the extent of
the threat to public health and safety
posed by that potential; and
(ii) takes into account--
(I) radioactivity levels of
sensitive radioactive material;
(II) the dispersibility of
sensitive radioactive material;
(III) the chemical and
material form of sensitive
radioactive material;
(IV) the need to maintain
access by physicians and other
medical professionals to
sensitive radioactive material
and pharmaceuticals containing
sensitive radioactive material
for use in connection with
medical diagnosis or treatment;
and
(V) other appropriate
factors;
(C) develop a national system for recovery
of sensitive radioactive material that is lost
or stolen, taking into account the
classification system established under
subparagraph (B);
(D) provide for the storage of sensitive
radioactive material that is not currently in
use in a safe and secure manner;
(E) develop a national tracking system for
sensitive radioactive material, taking into
account the classification system established
under subparagraph (B);
(F) develop methods to ensure the return or
proper disposal of sensitive radioactive
material;
(G) consider export controls on sensitive
radioactive materials so that, to the extent
feasible, exports from the United States of
sensitive radioactive materials are made to
foreign recipients that are willing and able to
control the sensitive radioactive materials in
a manner that is inimical to the common defense
and security of the United States; and
(H) establish procedures to improve the
security of sensitive radioactive material in
use, transportation, and storage.
(3) Procedures to improve security.--The procedures
to improve the security of sensitive radioactive
material under paragraph (2)(H) may include--
(A) periodic audits or inspections by the
Commission to ensure that sensitive radioactive
material is properly secured and can be fully
accounted for;
(B) evaluation by the Commission of
security measures taken by persons that possess
sensitive radioactive material;
(C) imposition of increased fines for
violations of regulations relating to security
and safety measures applicable to persons that
possess sensitive radioactive material;
(D) conduct of background checks on
individuals with access to sensitive
radioactive material;
(E) measures to ensure the physical
security of facilities in which sensitive
radioactive material is stored; and
(F) screening of shipments of sensitive
radioactive material to facilities that are
particularly at risk for sabotage to ensure
that the shipments do not contain explosives.
(c) Report.--Not later than 1 year after the date of
enactment of this section, and not less frequently than once
every 3 years thereafter, the Commission shall submit to the
President and Congress a report in unclassified form (with a
classified annex, if necessary) describing the administrative
and legislative actions recommended under subsection (b)(1).
(d) Administrative Action.--Not later than 60 days after
the date of submission of the report under subsection (c), the
Commission shall take such actions as are appropriate to--
(1) revise the system for licensing sensitive
radioactive materials; and
(2) delegate the authority of the Commission to
implement regulatory programs and requirements to
States that enter into agreements with the Commission
to perform inspections and other functions on a
cooperative basis as the Commission considers
appropriate.
* * * * * * *
Sec. 274. Cooperation With States.--
a. It is the purpose of this section--
(1) to recognize the interests of the States in the
peaceful uses of atomic energy, and to clarify the
respective responsibilities under this Act of the
States and the Commission with respect to the
regulation of byproduct, source, and special nuclear
materials;
(2) to recognize the need, and establish programs
for, cooperation between the States and the Commission
with respect to control of radiation hazards associated
with use of such materials;
(3) to promote an orderly regulatory pattern
between the Commission and State governments with
respect to nuclear development and use and regulation
of byproduct, source, and special nuclear materials;
(4) to establish procedures and criteria for
discontinuance of certain of the Commission's
regulatory responsibilities with respect to byproduct,
source, and special nuclear materials, and the
assumption thereof by the States;
(5) to provide for coordination of the development
of radiation standards for the guidance of Federal
agencies and cooperation with the States; and
(6) to recognize that, as the States improve their
capabilities to regulate effectively such materials,
additional legislation may be desirable.
b. Except as provided in subsection c., the Commission is
authorized to enter into agreements with the Governor of any
State providing for discontinuance of the regulatory authority
of the Commission under chapters 6, 7, and 8, and section 161
of this Act, with respect to any one or more of the following
materials within the State--
(1) byproduct materials as defined in section 11 e.
(1);
(2) byproduct materials as defined in section 11 e.
(2);
(3) byproduct materials (as defined in section 11e.
(3));
(4) byproduct materials (as defined in section 11e.
(4));
[(3)] (5) source materials;
[(4)] (6)special nuclear materials in quantities
not sufficient to form a critical mass.
During the duration of such an agreement it is recognized that
the State shall have authority to regulate the materials
covered by the agreement for the protection of the public
health and safety from radiation hazards.
c. No agreement entered into pursuant to subsection b.
shall provide for discontinuance of any authority and the
Commission shall retain authority and responsibility with
respect to regulation of--
(1) the construction and operation of any
production or utilization facility or any uranium
enrichment facility;
(2) the export from or import into the United
States of byproduct, source, or special nuclear
material, or of any production or utilization facility;
(3) the disposal into the ocean or sea of
byproduct, source, or special nuclear waste materials
as defined in regulations or orders of the Commission;
(4) the disposal of such other byproduct, source,
or special nuclear material as the Commission
determines by regulation or order should, because of
the hazards or potential hazards thereof, not be so
disposed of without a license from the Commission.
The Commission shall also retain authority under any such
agreement to make a determination that all applicable standards
and requirements have been met prior to termination of a
license for byproduct material, as defined in section 11 e.
(2). Notwithstanding any agreement between the Commission and
any State pursuant to subsection b., the Commission is
authorized by rule, regulation, or order to require that the
manufacturer, processor, or producer of any equipment, device,
commodity, or other product containing source, byproduct, or
special nuclear material shall not transfer possession or
control of such product except pursuant to a license issued by
the Commission.
d. The Commission shall enter into an agreement under
subsection b. of this section with any State if--
(1) The Governor of that State certifies that the
State has a program for the control of radiation
hazards adequate to protect the public health and
safety with respect to the materials within the State
covered by the proposed agreement, and that the State
desires to assume regulatory responsibility for such
materials; and
(2) the Commission finds that the State program is
in accordance with the requirements of subsection o.
and in all other respects compatible with the
Commission's program for the regulation of such
materials, and that the State program is adequate to
protect the public health and safety with respect to
the materials covered by the proposed agreement.
e. (1) Before any agreement under subsection b. is signed
by the Commission, the terms of the proposed agreement and of
proposed exemptions pursuant to subsection f. shall be
published once each week for four consecutive weeks in the
Federal Register; and such opportunity for comment by
interested persons on the proposed agreement and exemptions
shall be allowed as the Commission determines by regulation or
order to be appropriate.
(2) Each proposed agreement shall include the proposed
effective date of such proposed agreement or exemptions. The
agreement and exemptions shall be published in the Federal
Register within thirty days after signature by the Commission
and the Governor.
f. The Commission is authorized and directed, by regulation
or order, to grant such exemptions from the licensing
requirements contained in chapters 6, 7, and 8, and from its
regulations applicable to licensees as the Commission finds
necessary or appropriate to carry out any agreement entered
into pursuant to subsection b. of this section.
g. The Commission is authorized and directed to cooperate
with the States in the formulation of standards for protection
against hazards of radiation to assure that State and
Commission programs for protection against hazards of radiation
will be coordinated and compatible.
h. There is hereby established a Federal Radiation Council,
consisting of the Secretary of Health, Education, and Welfare,
the Chairman of the Atomic Energy Commission, the Secretary of
Defense, the Secretary of Commerce, the Secretary of Labor, or
their designees, and such other members as shall be appointed
by the President. The Council shall consult qualified
scientists and experts in radiation matters, including the
President of the National Academy of Sciences, the Chairman of
the National Committee on Radiation Protection and Measurement,
and qualified experts in the field of biology and medicine and
in the field of health physics. The Special Assistant to the
President for Science and Technology, or his designee, is
authorized to attend meetings, participate in the deliberations
of, and to advise the Council. The Chairman of the Council
shall be designated by the President, from time to time, from
among the members of the Council. The Council shall advise the
President with respect to radiation matters, directly or
indirectly affecting health, including guidance for all Federal
agencies in the formulation of radiation standards and in the
establishment and execution of programs of cooperation with
States. The Council shall also perform such other functions as
the President may assign to it by Executive order.
i. The Commission in carrying out its licensing and
regulatory responsibilities under this Act is authorized to
enter into agreements with any State, or group of States, to
perform inspections or other functions on a cooperative basis
as the Commission deems appropriate. The Commission is also
authorized to provide training, with or without charge, to
employees of, and such other assistance to, any State or
political subdivision thereof or group of States as the
Commission deems appropriate. Any such provision or assistance
by the Commission shall take into account the additional
expenses that may be incurred by a State as a consequence of
the State's entering into an agreement with the Commission
pursuant to subsection b.
j. (1) The Commission, upon its own initiative after
reasonable notice and opportunity for hearing to the State with
which an agreement under subsection b. has become effective, or
upon request of the Governor of such State, may terminate or
suspend all or part of its agreement with the State and
reassert the licensing and regulatory authority vested in it
under this Act, if the Commission finds that (1) such
termination or suspension is required to protect the public
health and safety, or (2) the State has not complied with one
or more of the requirements of this section. The Commission
shall periodically review such agreements and actions taken by
the States under the agreements to ensure compliance with the
provisions of this section.
(2) The Commission, upon its own motion or upon request of
the Governor of any State, may, after notifying the Governor,
temporarily suspend all or part of its agreement with the State
without notice or hearing if, in the judgment of the
Commission:
(A) an emergency situation exists with respect to
any material covered by such an agreement creating
danger which requires immediate action to protect the
health or safety of persons either within or outside
the State, and
(B) the State has failed to take steps necessary to
contain or eliminate the cause of the danger within a
reasonable time after the situation arose.
A temporary suspension under this paragraph shall remain in
effect only for such time as the emergency situation exists and
shall authorize the Commission to exercise its authority only
to the extent necessary to contain or eliminate the danger.
k. Nothing in this section shall be construed to affect the
authority of any State or local agency to regulate activities
for purposes other than protection against radiation hazards.
l. With respect to each application for Commission license
authorizing an activity as to which the Commission's authority
is continued pursuant to subsection c., the Commission shall
give prompt notice to the State or States in which the activity
will be conducted of the filing of the license application; and
shall afford reasonable opportunity for State representatives
to offer evidence, interrogate witnesses, and advise the
Commission as to the application without requiring such
representatives to take a position for or against the granting
of the application.
m. No agreement entered into under subsection b., and no
exemption granted pursuant to subsection f., shall affect the
authority of the Commission under subsection 161 b. or i. to
issue rules, regulations, or orders to protect the common
defense and security, to protect restricted data or to guard
against the loss or diversion of special nuclear material. For
purposes of subsection 161 i., activities covered by exemptions
granted pursuant to subsection f. shall be deemed to constitute
activities authorized pursuant to this Act; and special nuclear
material acquired by any person pursuant to such an exemption
shall be deemed to have been acquired pursuant to section 53.
n. As used in this section, the term ``State'' means any
State, Territory, or possession of the United States, the Canal
Zone, Puerto Rico, and the District of Columbia. As used in
this section, the term ``agreement'' includes any amendment to
any agreement.
o. In the licensing and regulation of byproduct material,
as defined in section 11 e. (2) of this Act, or of any activity
which results in the production of byproduct material as so
defined under an agreement entered into pursuant to subsection
b., a State shall require--
(1) compliance with the requirements of subsection
b. of section 83 (respecting ownership of byproduct
material and land) and
(2) compliance with standards which shall be
adopted by the State for the protection of the public
health, safety, and the environment from hazards
associated with such material which are equivalent, to
the extent practicable, or more stringent than,
standards adopted and enforced by the Commission for
the same purpose, including requirements and standards
promulgated by the Commission and the Administrator of
the Environmental Protection Agency pursuant to
sections 83, 84, and 275, and
(3) procedures which--
(A) in the case of licenses, provide
procedures under State law which include--
(i) an opportunity, after public
notice, for written comments and a
public hearing, with a transcript,
(ii) an opportunity for cross
examination, and
(iii) a written determination which
is based upon findings included in such
determination and upon the evidence
presented during the public comment
period and which is subject to judicial
review;
(B) in the case of rulemaking, provide an
opportunity for public participation through
written comments or a public hearing and
provide for judicial review of the rule;
(C) require for each license which has a
significant impact on the human environment a
written analysis (which shall be available to
the public before the commencement of any such
proceedings) of the impact of such license,
including any activities conducted pursuant
thereto, on the environment, which analysis
shall include--
(i) an assessment on the
radiological and nonradiological
impacts to the public health of the
activities to be conducted pursuant to
such license;
(ii) an assessment of any impact on
any waterway and ground water resulting
from such activities;
(iii) consideration of
alternatives, including alternative
sites and engineering methods, to the
activities to be conducted pursuant to
such license; and
(iv) consideration of the long-term
impacts, including decommissioning,
decontamination, and reclamation
impacts, associated with activities to
be conducted pursuant to such license,
including the management of any
byproduct material, as defined by
section 11 e. (2); and
(D) prohibit any major construction
activity with respect to such material prior to
complying with the provisions of subparagraph
(C).
If any State under such agreement imposes upon any licensee any
requirement for the payment of funds to such State for the
reclamation or long-term maintenance and monitoring of such
material, and if transfer to the United States of such material
is required in accordance with section 83 b. of this Act, such
agreement shall be amended by the Commission to provide that
such State shall transfer to the United States upon termination
of the license issued to such licensee the total amount
collected by such State from such licensee for such purpose. If
such payments are required, they must be sufficient to ensure
compliance with the standards established by the Commission
pursuant to section 161 x. of this Act. No State shall be
required under paragraph (3) to conduct proceedings concerning
any license or regulation which would duplicate proceedings
conducted by the Commission. In adopting requirements pursuant
to paragraph (2) of this subsection with respect to sites at
which ores are processed primarily for their source material
content or which are used for the disposal of byproduct
material as defined in section 11 e. (2), the State may adopt
alternatives (including, where appropriate, site-specific
alternatives) to the requirements adopted and enforced by the
Commission for the same purpose if, after notice and
opportunity for public hearing the Commission determines that
such alternatives will achieve a level of stabilization and
containment of the sites concerned, and a level of protection
for public health, safety, and the environment from
radiological and nonradiological hazards associated with such
sites, which is equivalent to, to the extent practicable, or
more stringent than the level which would be achieved by
standards and requirements adopted and enforced by the
Commission for the same purpose and any final standards
promulgated by the Administrator of the Environmental
Protection Agency in accordance with section 275. Such
alternative State requirements may take into account local or
regional conditions, including geology, topography, hydrology
and meteorology.
* * * * * * *
Sec. 229. Trespass Upon Commission Installations.--
a. The Commission is authorized to issue regulations
relating to the entry upon or carrying, transporting, or
otherwise introducing or causing to be introduced any dangerous
weapons, explosive, or other dangerous instrument or material
likely to produce substantial injury or damage to persons or
property, into or upon any facility, installation, or real
property subject to the jurisdiction, administration, or in the
custody of the Commission. Every such regulation of the
Commission shall be posted conspicuously at the location
involved or subject to the licensing authority of the
Commission or to certification by the Commission under this Act
or any other Act.
b. Whoever shall willfully violate any regulation of the
Commission issued pursuant to subsection a. shall, upon
conviction thereof, be punishable by a fine of not more than
$1,000.
c. Whoever shall willfully violate any regulation of the
Commission issued pursuant to subsection a. with respect to any
installation or other property which is enclosed by a fence,
wall, floor, roof, or other structural barrier shall be guilty
of a misdemeanor and upon conviction thereof shall be punished
by a fine of not to exceed $5,000 or to imprisonment for not
more than one year, or both.
* * * * * * *
Sec. 236. Sabotage of Nuclear Facilities or Fuel.--
a. Any person who intentionally and willfully destroys or
causes physical damage to, or [who intentionally and willfully
attempts] or who attempts or conspires to destroy or cause
physical damage to--
(1) any production facility or utilization facility
licensed under this Act;
(2) any nuclear waste [storage facility] storage,
treatment, or disposal facility licensed under this
Act;
(3) any nuclear fuel for [such a utilization
facility] a utilization facility licensed under this
Act, or any spent nuclear fuel from such a facility;
[or]
(4) any uranium enrichment [facility licensed]
uranium conversion or nuclear fuel fabrication facility
licensed or certified by the Nuclear Regulatory
Commission[.]; or
(5) any production, utilization, waste storage,
waste treatment, waste disposal, uranium enrichment, or
nuclear fuel fabrication facility subject to licensing
or certification under this Act during construction of
the facility, if the destruction or damage caused or
attempted to be caused could adversely affect public
health and safety during the operation of the facility;
(6) any primary facility or backup facility from
which a radiological emergency preparedness alert and
warning system is activated; or
(7) any radioactive material or other property
subject to regulation by the Nuclear Regulatory
Commission that, before the date of the offense, the
Nuclear Regulatory Commission determines, by order or
regulation published in the Federal Register, is of
significance to the public health and safety or to
common defense and security;
shall be fined not more than $10,000 or imprisoned for not more
than ten years, or both.
b. Any person who intentionally and willfully causes or
attempts to cause an interruption of normal operation of any
such facility through the unauthorized use of or tampering with
the machinery, components, or controls of any such facility,
shall be fined not more than $10,000 or imprisoned for not more
than ten years, or both.
----------
[public law 93-438, as amended]
ENERGY REORGANIZATION ACT OF 1974
* * * * * * *
Title II--Nuclear Regulatory Commission
Sec. 201. (a) * * *
* * * * * * *
office of reactor regulation
Sec. 203. (a) There is hereby established in the Commission
an Office of Nuclear Reactor Regulation under the direction of
a Director of Nuclear Reactor Regulation, who shall be
appointed by the Commission, who may report directly to the
Commission, as provided in section 209, and who shall serve at
the pleasure of and be removable by the Commission.
(b) Subject to the provisions of this Act, the Director of
Nuclear Reactor Regulation shall perform such functions as the
Commission shall delegate including:
(1) Principal [licensing and regulation] licensing,
regulation, and, except as otherwise provided under
section 212, carrying out safety reviews, safeguards,
and physical security of involving all facilities and
materials licensed under the Atomic Energy Act of 1954,
as amended, associated with the construction and
operation of nuclear reactors licensed under the
authority of the Atomic Energy Act of 1954, as amended;
(2) Review the safety [and safeguards] of all such
facilities, materials, and activities, and such review
functions shall include but not be limited to--
* * * * * * *
office of nuclear material safety and safeguards
Sec. 204. (a) There is hereby established in the Commission
an Office of Nuclear Material Safety and Safeguards under the
direction of a Director of Nuclear Material Safety and
Safeguards, who shall be appointed by the Commission, who may
report directly to the Commission as provided in section 209,
and who shall serve at the pleasure and be removed by the
Commission.
(1) Principal licensing and regulation involving
all facilities and materials, licensed under the Atomic
Energy Act of 1954, as amended, associated with the
processing, transport, and maintenance of safeguards
against threats, thefts, and sabotage of such licensed
facilities, and materials.
(2) Review safety [and safeguards] of all such
facilities, and materials licensed under the Atomic
Energy Act of 1954[, as amended, and such review shall
include, but not be limited to--
[(A) monitoring, testing, and recommending
upgrading of internal accounting systems for
special nuclear and ohter nuclear materials
licensed under the Atomic Energy Act of 1954,
as amended;
[(B) developing, in consultation and
coordination with the Administration,
contingency plans for dealing with threats,
thefts, and sabotage relating to special
nuclear materials, high-level radioactive
wastes and nuclear facilities resulting from
all activities licensed under the Atomic Energy
Act of 1954, as amended;
[(C) assessing the need for, and the
feasibility of, establishing a security agency
within the office for the performance of the
safeguards functions, and a report with
recommendations on this matter shall be
prepared within one year of the effective date
of this Act and promptly transmitted to the
Congress by the Commission.] (42 U.S.C. 2011 et
seq.)
* * * * * * *
Sec. 211. Employee protection
(a) Discrimination against employee
(1) No employer may discharge any employee or otherwise
discriminate against any employee with respect to his
compensation, terms, conditions, or privileges of employment
because the employee (or any person acting pursuant to a
request of the employee)--
(A) notified his employer of an alleged violation of
this chapter or the Atomic Energy Act of 1954(42 U.S.C.
2011 et seq.);
(B) refused to engage in any practice made unlawful by
this chapter or the Atomic Energy Act of 1954, if the
employee has identified the alleged illegality to the
employer;
(C) testified before Congress or at any Federal or
State proceeding regarding any provision(or proposed
provision) of this chapter or the Atomic Energy Act of
1954;
(D) commenced, caused to be commenced, or is about to
commence or cause to be commenced a proceeding under
this chapter or the Atomic Energy Act of 1954, as
amended, or a proceeding for the administration or
enforcement of any requirement imposed under this
chapter or the Atomic Energy Act of 1954, as amended;
(E) testified or is about to testify in any such
proceeding or;
(F) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in
any other manner in such a proceeding or in any other
action to carry out the purposes of this chapter or the
Atomic Energy Act of 1954, as amended.
(2) For purposes of this section, the term ``employer''
includes--
(A) a licensee of the Commission or of an agreement
State under section 274 of the Atomic Energy Act of
1954(42 U.S.C. 2021);
(B) an applicant for a license from the Commission or
such an agreement State;
(C) a contractor or subcontractor of such a licensee or
applicant; [and]
(D) a contractor or subcontractor of the Department of
Energy that is indemnified by the Department under
section 170 d. of the Atomic Energy Act of 1954(42
U.S.C. 2210(d)), but such term shall not include any
contractor or subcontractor covered by Executive Order
No. 12344[.]; and
(E) a contractor or subcontractor of the Commission.
(b) Complaint, filing and notification
(1) Any employee who believes that he has been discharged
or otherwise discriminated against by any person in violation
of subsection(a) of this section may, within 180 days after
such violation occurs, file(or have any person file on his
behalf) a complaint with the Secretary of Labor(in this section
referred to as the ``Secretary'') alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary
shall notify the person named in the complaint of the filing of
the complaint, the Commission, and the Department of Energy.
(2)(A) Upon receipt of a complaint filed under
paragraph(1), the Secretary shall conduct an investigation of
the violation alleged in the complaint. Within thirty days of
the receipt of such complaint, the Secretary shall complete
such investigation and shall notify in writing the
complainant(and any person acting in his behalf) and the person
alleged to have committed such violation of the results of the
investigation conducted pursuant to this subparagraph. Within
ninety days of the receipt of such complaint the Secretary
shall, unless the proceeding on the complaint is terminated by
the Secretary on the basis of a settlement entered into by the
Secretary and the person alleged to have committed such
violation, issue an order either providing the relief
prescribed by subparagraph(B) or denying the complaint. An
order of the Secretary shall be made on the record after notice
and opportunity for public hearing. Upon the conclusion of such
hearing and the issuance of a recommended decision that the
complaint has merit, the Secretary shall issue a preliminary
order providing the relief prescribed in subparagraph(B), but
may not order compensatory damages pending a final order. The
Secretary may not enter into a settlement terminating a
proceeding on a complaint without the participation and consent
of the complainant.
(B) If, in response to a complaint filed under
paragraph(1), the Secretary determines that a violation
of subsection(a) of this section has occurred, the
Secretary shall order the person who committed such
violation to(i) take affirmative action to abate the
violation, and(ii) reinstate the complainant to his
former position together with the
compensation(including back pay), terms, conditions,
and privileges of his employment, and the Secretary may
order such person to provide compensatory damages to
the complainant. If an order is issued under this
paragraph, the Secretary, at the request of the
complainant shall assess against the person against
whom the order is issued a sum equal to the aggregate
amount of all costs and expenses(including attorneys'
and expert witness fees) reasonably incurred, as
determined by the Secretary, by the complainant for, or
in connection with, the bringing of the complaint upon
which the order was issued.
(3)(A) The Secretary shall dismiss a complaint filed under
paragraph(1), and shall not conduct the investigation required
under paragraph(2), unless the complainant has made a prima
facie showing that any behavior described in subparagraphs(A)
through (F) of subsection(a)(1) of this section was a
contributing factor in the unfavorable personnel action alleged
in the complaint.
(B) Notwithstanding a finding by the Secretary that the
complainant has made the showing required by
subparagraph(A), no investigation required under
paragraph(2) shall be conducted if the employer
demonstrates, by clear and convincing evidence, that it
would have taken the same unfavorable personnel action
in the absence of such behavior.
(C) The Secretary may determine that a violation of
subsection(a) of this section has occurred only if the
complainant has demonstrated that any behavior
described in subparagraphs(A) through(F) of
subsection(a)(1) of this section was a contributing
factor in the unfavorable personnel action alleged in
the complaint.
(D) Relief may not be ordered under paragraph(2) if the
employer demonstrates by clear and convincing evidence
that it would have taken the same unfavorable personnel
action in the absence of such behavior.
(c) Review
(1) Any person adversely affected or aggrieved by an order
issued under subsection(b) of this section may obtain review of
the order in the United States court of appeals for the circuit
in which the violation, with respect to which the order was
issued, allegedly occurred. The petition for review must be
filed within sixty days from the issuance of the Secretary's
order. Review shall conform to chapter 7 of title 5. The
commencement of proceedings under this subparagraph shall not,
unless ordered by the court, operate as a stay of the
Secretary's order.
(2) An order of the Secretary with respect to which review
could have been obtained under paragraph(1) shall not be
subject to judicial review in any criminal or other civil
proceeding.
(d) Jurisdiction
Whenever a person has failed to comply with an order issued
under subsection(b)(2) of this section, the Secretary may file
a civil action in the United States district court for the
district in which the violation was found to occur to enforce
such order. In actions brought under this subsection, the
district courts shall have jurisdiction to grant all
appropriate relief including, but not limited to, injunctive
relief, compensatory, and exemplary damages.
(e) Commencement of action
(1) Any person on whose behalf an order was issued under
paragraph(2) of subsection(b) of this section may commence a
civil action against the person to whom such order was issued
to require compliance with such order. The appropriate United
States district court shall have jurisdiction, without regard
to the amount in controversy or the citizenship of the parties,
to enforce such order.
(2) The court, in issuing any final order under this
subsection, may award costs of litigation(including reasonable
attorney and expert witness fees) to any party whenever the
court determines such award is appropriate.
(f) Enforcement
Any nondiscretionary duty imposed by this section shall be
enforceable in a mandamus proceeding brought under section 1361
of title 28.
(g) Deliberate violations
Subsection(a) of this section shall not apply with respect
to any employee who, acting without direction from his or her
employer (or the employer's agent), deliberately causes a
violation of any requirement of this chapter or of the Atomic
Energy Act of 1954, as amended(42 U.S.C. 2011 et seq.).
(h) Nonpreemption
This section may not be construed to expand, diminish, or
otherwise affect any right otherwise available to an employee
under Federal or State law to redress the employee's discharge
or other discriminatory action taken by the employer against
the employee.
(i) Posting requirement
The provisions of this section shall be prominently posted
in any place of employment to which this section applies.
(j) Investigation of allegations
(1) The Commission or the Department of Energy shall not
delay taking appropriate action with respect to an allegation
of a substantial safety hazard on the basis of--
(A) the filing of a complaint under subsection(b)(1) of
this section arising from such allegation; or
(B) any investigation by the Secretary, or other
action, under this section in response to such
complaint.
(2) A determination by the Secretary under this section
that a violation of subsection(a) of this section has not
occurred shall not be considered by the Commission or the
Department of Energy in its determination of whether a
substantial safety hazard exists.
* * * * * * *
SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
(a) Definitions.--In this section:
(1) Certificate holder.--The term ``certificate
holder'' has the meaning given the term in section
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 Response
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 Office
of Nuclear Security and Incident Response established
by subsection (b).
(b) Establishment of Office.--There is established in the
Commission the Office of Nuclear Security and Incident
Response.
(c) Director.--
(1) Appointment.--The Commission may appoint 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 delegates to
the Director.
(B) Functions.--The functions delegated to
the Director may include--
(i) carrying out security,
safeguards, and incident responses
relating to--
(I) any facility subject to
the jurisdiction of the
Commission under the Atomic
Energy Act of 1954 (42 U.S.C.
2011 et seq.);
(II) any property subject
to the jurisdiction of the
Commission under the Atomic
Energy Act of 1954 (42 U.S.C.
2011 et seq.) that--
(aa) is significant
to the common defense
and security; or
(bb) is being
transported to or from
a facility described in
clause (i); and
(III) any other activity of
a licensee or certificate
holder, subject to the
requirements of the Atomic
Energy Act of 1954 (42 U.S.C.
2011 et seq.), that is
significant to the common
defense and security;
(ii) for a facility or material
licensed or certified under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et
seq.)--
(I) developing contingency
plans for dealing with threats,
thefts, and sabotage; and
(II) monitoring, reviewing,
and evaluating security and
safeguards;
(iii) recommending upgrades to
internal accounting systems for special
nuclear and other materials licensed or
certified under the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.); and
(iv) developing and recommending
standards and amendments to the
standards of the Commission relating to
the duties described in clauses (i)
through (iii); and
(E) carrying out such other duties of the
Commission regarding safeguards and physical
security functions and incident response
functions as the Commission determines to be
appropriate.
(3) Consultation.--In carrying out the duties 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 Commission shall
establish a security response evaluation program to
assess the ability of each designated nuclear facility
that is part of a class of designated nuclear
facilities that the Commission considers appropriate to
defend against threats in accordance with the security
plan for the designated nuclear facility.
(2) Frequency of evaluations.--Not less than once
every 3 years, the Commission shall conduct and
document security response evaluations at each
designated nuclear facility that is part of a class of
designated nuclear facilities that the Commission
considers appropriate to assess the ability of the
private security force of the designated nuclear
facility to defend against applicable design basis
threats.
(3) Security exemption.--The Commission may suspend
activities under this section if the Commission
determines that the security response evaluations would
compromise security at any designated nuclear facility
in accordance with a heightened threat level.
(4) Activities.--The security response evaluation
shall include force-on-force exercises that simulate
the security threats consistent with the design basis
threats applicable to the designated nuclear facility.
(5) Performance criteria.--The Commission shall
establish performance criteria for judging the security
response evaluations.
(6) Corrective action.--
(A) In general.--When any of the
performance criteria established under
paragraph (5) are not satisfied--
(i) the licensee or certificate
holder shall promptly correct any
defects in performance 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 licensee or certificate holder
satisfies the performance criteria
established under paragraph (5).
(B) 2 consecutive failures to satisfy
performance criteria.--
(i) In general.--If a designated
nuclear facility fails to satisfy the
performance criteria established under
paragraph (5) in 2 consecutive security
response evaluations, 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
holder 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), 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
Commission to take action in response to
deficiencies 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 unclassified
form, that describes the results of each security
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 Secretary of
Homeland Security and, as appropriate, in consultation
with other Federal, State, and local response agencies
and stakeholders, shall observe and evaluate emergency
response exercises to determine whether--
(A) on-site and off-site emergency response
plans for, and capabilities for response to an
emergency involving, each designated nuclear
facility in such classes of designated nuclear
facility as the Commission determines to be
appropriate are adequate to protect public
health and safety; and
(B) there is reasonable assurance that--
(i) those plans and capabilities
can and will be implemented; and
(ii) adequate protective measures
can and will be taken in the event of
an emergency.
(2) Assessment of ability to respond.--Exercises
under paragraph (1) shall assess the ability of
Federal, State, and local emergency response agencies
and emergency response personnel of a licensee or
certificate holder to respond adequately to an
emergency involving the designated nuclear facility.
(3) High population density areas.--The Commission,
in coordination with the Secretary of Homeland Security
and, as appropriate, in consultation with other
Federal, State, and local agencies and stakeholders,
may observe and evaluate exercises more frequently at
designated nuclear facilities located in high
population density areas.
(4) Performance-based approach.--The Commission, in
cooperation with the Secretary of Homeland Security,
shall promptly establish performance criteria for use
in evaluating the results of the exercises under
paragraph (1), including criteria relating to--
(A) response times and capabilities;
(B) coordination and communication among
response personnel and organizations;
(C) emergency equipment, public
notification systems, and communications
networks;
(D) feasible evacuation of individuals; and
(E) other matters determined by the
Commission or the Secretary of Homeland
Security.
(5) Scenarios.--The evaluations under paragraph (1)
shall assess the ability of the emergency response
plans to protect public health and safety and provide
reasonable assurance that adequate protective measures
can and will be taken in responding to a broad range of
accident scenarios, including--
(A) fast-breaking events that occur with
little or no warning;
(B) radiological releases of significant
magnitude;
(C) significant spontaneous evacuations;
(D) significant shadow evacuations;
(E) terrorist attacks; and
(F) other scenarios determined by the
Commission or the Secretary of Homeland
Security.
(6) Deficiencies.--
(A) Notification.--The Commission, in
coordination with the Secretary of Homeland
Security, shall promptly notify licensees or
certificate holders, the Governor of any State
that may be affected, and any other appropriate
Federal, State, or local agencies or
stakeholders of any weaknesses or deficiencies
in an emergency response plan or in emergency
preparedness capabilities identified as the
result of an evaluation under paragraph (1).
(B) Failure to correct.--If weaknesses or
deficiencies in emergency response plans or in
preparedness capabilities are not promptly
corrected, the Commission shall take
appropriate action under section 107 or other
enforcement authorities available to the
Commission to--
(i) ensure adequate protection of
public health and safety; and
(ii) provide reasonable assurance
that plans can and will be implemented
and that adequate protective measures
can and will be taken in the event of
an emergency.
(7) Report.--Not less than once annually, the
Commission and the Secretary of Homeland Security shall
submit to the President and Congress a report, in
classified and unclassified form, that describes--
(A) the results of each exercise evaluated
in the previous year; and
(B) each revision of an emergency response
plan or emergency preparedness capabilities
made under paragraph (6) in the previous year
that is substantive in nature.
(8) Maintenance.--The Commission shall take such
action as is necessary to ensure that adequate
emergency response plans and capabilities are
maintained during the intervals between exercises.
(9) Effect of subsection.--Nothing in this
subsection limits the authority of the Commission or
the Secretary of Homeland Security to take other
actions for protection of the public health and safety,
the environment, or the common defense and security
under any other authority of the Commission or the
Secretary of Homeland Security.
(f) Effect.--Nothing in this section limits any authority
of the Secretary of Energy relating to the security and
safeguarding of special nuclear materials, high-level
radioactive waste, and nuclear facilities resulting from all
activities under the jurisdiction of the Secretary.
----------
UNITED STATES CODE
TITLE 11--BANKRUPTCY
* * * * * * *
Section 523. Exceptions to Discharge
(a) * * *
* * * * * * *
(f) Treatment of Nuclear Reactor Financial Obligations.--
Notwithstanding any other provision of this title--
(1) any funds or other assets held by a licensee or
former licensee of the Nuclear Regulatory Commission,
or by any other person, to satisfy the responsibility
of the licensee, former licensee, or any other person
to comply with a regulation or order of the Nuclear
Regulatory Commission governing the decontamination and
decommissioning of a nuclear power reactor licensed
under section 103 or 104b. of the Atomic Energy Act of
1954 (42 U.S.C. 2133, 2134(b)) shall not be used to
satisfy the claim of any creditor in any proceeding
under this title, other than a claim resulting from an
activity undertaken to satisfy that responsibility,
until the decontamination and decommissioning of the
nuclear power reactor is completed to the satisfaction
of the Nuclear Regulatory Commission;
(2) obligations of licensees, former licensees, or
any other person to use funds or other assets to
satisfy a responsibility described in paragraph (1) may
not be rejected, avoided, or discharged in any
proceeding under this title or in any liquidation,
reorganization, receivership, or other insolvency
proceeding under Federal or State law; and
(3) private insurance premiums and standard
deferred premiums held and maintained in accordance
with section 170b. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(b)) shall not be used to satisfy the claim
of any creditor in any proceeding under this title,
until the indemnification agreement executed in
accordance with section 170c. of that Act (42 U.S.C.
2210(c)) is terminated.
----------
UNITED STATES CODE
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
Section 922. Unlawful acts
(a) It shall be unlawful--
(1) for any person--
(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage in the
business of importing, manufacturing, or dealing in
firearms, or in the course of such business to ship,
transport, or receive any firearm in interstate or
foreign commerce; or
(B) except a licensed importer or licensed
manufacturer, to engage in the business of importing or
manufacturing ammunition, or in the course of such
business, to ship, transport, or receive any ammunition
in interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or collector
licensed under the provisions of this chapter to ship or
transport in interstate or foreign commerce any firearm to any
person other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, except that -
(A) this paragraph and subsection (b)(3) shall not
be held to preclude a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector
from returning a firearm or replacement firearm of the
same kind and type to a person from whom it was
received; and this paragraph shall not be held to
preclude an individual from mailing a firearm owned in
compliance with Federal, State, and local law to a
licensed importer, licensed manufacturer, licensed
dealer, or licensed collector;
(B) this paragraph shall not be held to preclude a
licensed importer, licensed manufacturer, or licensed
dealer from depositing a firearm for conveyance in the
mails to any officer, employee, agent, or watchman who,
pursuant to the provisions of section 1715 of this
title, is eligible to receive through the mails
pistols, revolvers, and other firearms capable of being
concealed on the person, for use in connection with his
official duty; and
(C) nothing in this paragraph shall be construed as
applying in any manner in the District of Columbia, the
Commonwealth of Puerto Rico, or any possession of the
United States differently than it would apply if the
District of Columbia, the Commonwealth of Puerto Rico,
or the possession were in fact a State of the United
States;
(3) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
to transport into or receive in the State where he resides (or
if the person is a corporation or other business entity, the
State where it maintains a place of business) any firearm
purchased or otherwise obtained by such person outside that
State, except that this paragraph (A) shall not preclude any
person who lawfully acquires a firearm by bequest or intestate
succession in a State other than his State of residence from
transporting the firearm into or receiving it in that State, if
it is lawful for such person to purchase or possess such
firearm in that State, (B) shall not apply to the
transportation or receipt of a firearm obtained in conformity
with subsection (b)(3) of this section, and (C) shall not apply
to the transportation of any firearm acquired in any State
prior to the effective date of this chapter;
(4) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, [or licensed collector]
licensed collector, 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 nuclear
material or equipment authorized under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.), to transport in interstate or
foreign commerce any destructive device, machinegun (as defined
in section 5845 of the Internal Revenue Code of 1986), short-
barreled shotgun, or short-barreled rifle, except as
specifically authorized by the Secretary consistent with public
safety and necessity;
(5) for any person (other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector)
to transfer, sell, trade, give, transport, or deliver any
firearm to any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the
transferor knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person
who is permitted to acquire or possess a firearm under the laws
of the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
(6) for any person in connection with the acquisition or
attempted acquisition of any firearm or ammunition from a
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, knowingly to make any false or fictitious
oral or written statement or to furnish or exhibit any false,
fictitious, or misrepresented identification, intended or
likely to deceive such importer, manufacturer, dealer, or
collector with respect to any fact material to the lawfulness
of the sale or other disposition of such firearm or ammunition
under the provisions of this chapter;
(7) for any person to manufacture or import armor piercing
ammunition, except that this paragraph shall not apply to -
(A) the manufacture or importation of such
ammunition for the use of the United States or any
department or agency thereof or any State or any
department, agency, or political subdivision thereof;
(B) the manufacture of such ammunition for the
purpose of exportation; and
(C) any manufacture or importation for the purposes
of testing or experimentation authorized by the
Secretary;
(8) for any manufacturer or importer to sell or deliver
armor piercing ammunition, except that this paragraph shall not
apply to--
(A) the sale or delivery by a manufacturer or
importer of such ammunition for use of the United
States or any department or agency thereof or any State
or any department, agency, or political subdivision
thereof;
(B) the sale or delivery by a manufacturer or
importer of such ammunition for the purpose of
exportation;
(C) the sale or delivery by a manufacturer or
importer of such ammunition for the purposes of testing
or experimenting authorized by the Secretary; and
(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector,
who does not reside in any State to receive any firearms unless
such receipt is for lawful sporting purposes.
(b) It shall be unlawful for any licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
to sell or deliver--
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has
reasonable cause to believe is less than twenty-one years of
age;
(2) any firearm to any person in any State where the
purchase or possession by such person of such firearm would be
in violation of any State law or any published ordinance
applicable at the place of sale, delivery or other disposition,
unless the licensee knows or has reasonable cause to believe
that the purchase or possession would not be in violation of
such State law or such published ordinance;
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the
person is a corporation or other business entity, does not
maintain a place of business in) the State in which the
licensee's place of business is located, except that this
paragraph (A) shall not apply to the sale or delivery of any
rifle or shotgun to a resident of a State other than a State in
which the licensee's place of business is located if the
transferee meets in person with the transferor to accomplish
the transfer, and the sale, delivery, and receipt fully comply
with the legal conditions of sale in both such States (and any
licensed manufacturer, importer or dealer shall be presumed,
for purposes of this subparagraph, in the absence of evidence
to the contrary, to have had actual knowledge of the State laws
and published ordinances of both States), and (B) shall not
apply to the loan or rental of a firearm to any person for
temporary use for lawful sporting purposes;
(4) to any person any destructive device, machinegun (as
defined in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except as
specifically authorized by the Secretary consistent with public
safety and necessity; and
* * * * * * *
(o)(1) Except as provided in paragraph (2), it shall be
unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to--
(A) a transfer to or by, or possession by or under
the authority of, the United States or any department
or agency thereof or a State, or a department, agency,
or political subdivision thereof; [or]
(B) any lawful transfer or lawful possession of a
machinegun that was lawfully possessed before the date
this subsection takes effect[.]; or
(C) a transfer 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, or
possession by an employee or contractor of the licensee
or certificate holder on-site for such purposes or off-
site for purposes of licensee-authorized or certificate
holder-authorized training or transportation of nuclear
materials or equipment authorized under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
* * * * * * *
(v)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
(2) Paragraph (1) shall not apply to the possession or
transfer of any semiautomatic assault weapon otherwise lawfully
possessed under Federal law on the date of the enactment of
this subsection.
(3) Paragraph (1) shall not apply to--
(A) any of the firearms, or replicas or duplicates of
the firearms, specified in Appendix A to this section,
as such firearms were manufactured on October 1, 1993;
(B) any firearm that--
(i) is manually operated by bolt, pump, lever,
or slide action;
(ii) has been rendered permanently inoperable;
or
(iii) is an antique firearm;
(C) any semiautomatic rifle that cannot accept a
detachable magazine that holds more than 5 rounds of
ammunition; or
(D) any semiautomatic shotgun that cannot hold more
than 5 rounds of ammunition in a fixed or detachable
magazine. The fact that a firearm is not listed in
Appendix A shall not be construed to mean that
paragraph (1) applies to such firearm. No firearm
exempted by this subsection may be deleted from
Appendix A so long as this subsection is in effect.
(4) Paragraph (1) shall not apply to--
(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the
United States or a State or a department, agency, or
political subdivision of a State, or a transfer to or
possession by a law enforcement officer employed by
such an entity for purposes of law enforcement (whether
on or off duty);
(B) the transfer to a licensee or certificate holder
under title I of the Atomic Energy Act of 1954 for
purposes of establishing and maintaining an on-site
physical protection system and security organization
required by Federal law, or possession by an employee
or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-
authorized or certificate holder-authorized training or
transportation of nuclear materials or equipment;
(C) the possession, by an individual who is retired
from service with a law enforcement agency and is not
otherwise prohibited from receiving a firearm, of a
semiautomatic assault weapon transferred to the
individual by the agency upon such retirement; or
(D) the manufacture, transfer, or possession of a
semiautomatic assault weapon by a licensed manufacturer
or licensed importer for the purposes of testing or
experimentation authorized by the Secretary.
* * * * * * *
Sec. 925. Exceptions: Relief from disabilities
(a)(1) * * *
* * * * * * *
(d) The Secretary shall authorize a firearm or ammunition
to be imported or brought into the United States or any
possession thereof if the firearm or ammunition--
(1)(A) is being imported or brought in for scientific or
research purposes, or is for use in connection with competition
or training pursuant to chapter 401 of title 10; or
(B) is being imported or brought in for transfer 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;
(2) is an unserviceable firearm, other than a machinegun as
defined in section 5845(b) of the Internal Revenue Code of 1986
(not readily restorable to firing condition), imported or
brought in as a curio or museum piece;
(3) is of a type that does not fall within the definition
of a firearm as defined in section 5845(a) of the Internal
Revenue Code of 1986 and is generally recognized as
particularly suitable for or readily adaptable to sporting
purposes, excluding surplus military firearms, except in any
case where the Secretary has not authorized the importation of
the firearm pursuant to this paragraph, it shall be unlawful to
import any frame, receiver, or barrel of such firearm which
would be prohibited if assembled; or
(4) was previously taken out of the United States or a
possession by the person who is bringing in the firearm or
ammunition.
The Secretary shall permit the conditional importation or
bringing in of a firearm or ammunition for examination and
testing in connection with the making of a determination as to
whether the importation or bringing in of such firearm or
ammunition will be allowed under this subsection.
* * * * * * *
Sec. 926A. Interstate transportation of firearms
[Notwithstanding]
(a) In General.--Notwithstanding any other provision of any
law or any rule or regulation of a State or any political
subdivision thereof, any person who is not otherwise prohibited
by this chapter from transporting, shipping, or receiving a
firearm shall be entitled to transport a firearm for any lawful
purpose from any place where he may lawfully possess and carry
such firearm to any other place where he may lawfully possess
and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition
being transported is readily accessible or is directly
accessible from the passenger compartment of such transporting
vehicle: Provided, That in the case of a vehicle without a
compartment separate from the driver's compartment the firearm
or ammunition shall be contained in a locked container other
than the glove compartment or console.
(b) Licensees and Certificate Holders of the Nuclear
Regulatory Commission.--Notwithstanding 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 firearm
for purposes of establishing and maintaining an onsite physical
protection system and security organization required by Federal
law, and for purposes of licensee-authorized or certificate
holder-authorized training or transportation of nuclear
material or equipment authorized under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.).
----------
UNITED STATES CODE
TITLE 26--INTERNAL REVENUE CODE
chapter 53--machine guns, destructive devices, and certain other
firearms
Subchapter B--General Provisions and Exemptions
PART I--GENERAL PROVISIONS
* * * * * * *
Sec. 5844. Importation
No firearm shall be imported or brought into the United
States or any territory under its control or jurisdiction
unless the importer establishes, under regulations as may be
prescribed by the Secretary, that the firearm to be imported or
brought in is--
(1) being imported or brought in for the use of the United
States or any department, independent establishment, or agency
thereof or any State or possession or any political subdivision
thereof; [or]
(2) being imported or brought in for scientific or research
purposes; [or]
(3) being imported or brought in solely for testing or use
as a model by a registered manufacturer or solely for use as a
sample by a registered importer or registered dealer; except
that, the Secretary may permit the conditional importation or
bringing in of a firearm for examination and testing in
connection with classifying the firearm[.]; or
(4) a machinegun or short-barreled shotgun being imported
or brought in for transfer 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;
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UNITED STATES CODE
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
division a--atomic energy
subchapter xiii--general authority of commission
* * * * * * *
Sec. 2214. NRC user fees and annual charges
(a) Annual assessment
(1) In general
Except as provided in paragraph(3), the Nuclear Regulatory
Commission(in this section referred to as the ``Commission'')
shall annually assess and collect such fees and charges as are
described in subsections (b) and (c) of this section.
(2) First assessment
The first assessment of fees under subsection (b) of this
section and annual charges under subsection (c) of this section
shall be made not later than September 30, 1991.
(3) Last assessment of annual charges
The last assessment of annual charges under subsection (c)
of this section shall be made not later than September 20,
2005.
(b) Fees for service or thing of value
Pursuant to section 9701 of title 31, any person who
receives a service or thing of value from the Commission shall
pay fees to cover the Commission's costs in providing any such
service or thing of value.
(c) Annual charges
(1) Persons subject to charge
Except as provided in paragraph(4), any licensee or
certificate holder of the Commission may be required to pay, in
addition to the fees set forth in subsection (b) of this
section, an annual charge.
(2) Aggregate amount of charges
(A) In general
The aggregate amount of the annual charges collected
from all licensees and certificate holders in a fiscal
year shall equal an amount that approximates the
percentages of the budget authority of the Commission
for the fiscal year stated in subparagraph(B), less--
(i) amounts collected under subsection (b) of this
section during the fiscal year; [and]
(ii) amounts appropriated to the Commission from
the Nuclear Waste Fund for the fiscal year[.]; and
(iii) amounts appropriated to the Commission 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.
(B) Percentages
The percentages referred to in subparagraph(A) are--
(i) 98 percent for fiscal year 2001;
(ii) 96 percent for fiscal year 2002;
(iii) 94 percent for fiscal year 2003;
(iv) 92 percent for fiscal year 2004; and
(v) 90 percent for fiscal year 2005.
(3) Amount per licensee
The Commission shall establish, by rule, a schedule of
charges fairly and equitably allocating the aggregate amount of
charges described in paragraph(2) among licensees. To the
maximum extent practicable, the charges shall have a reasonable
relationship to the cost of providing regulatory services and
may be based on the allocation of the Commission's resources
among licensees or classes of licensees.
(4) Exemption
(A) In general
Paragraph(1) shall not apply to the holder of any
license for a federally owned research reactor used
primarily for educational training and academic
research purposes.
(B) Research reactor
For purposes of subparagraph(A), the term ``research
reactor'' means a nuclear reactor that--
(i) is licensed by the Nuclear Regulatory
Commission under section 2134(c) of this title for
operation at a thermal power level of 10 megawatts or
less; and
(ii) if so licensed for operation at a thermal
power level of more than 1 megawatt, does not contain--
(I) a circulating loop through the core in
which the licensee conducts fuel experiments;
(II) a liquid fuel loading; or
(III) an experimental facility in the core
in excess of 16 square inches in cross-section.
(d) ``Nuclear Waste Fund'' defined
As used in this section, the term ``Nuclear Waste Fund''
means the fund established pursuant to section 10222(c) of this
title.