[Senate Report 109-98]
[From the U.S. Government Publishing Office]
Calendar No. 152
109th Congress Report
SENATE
1st Session 109-98
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NUCLEAR SECURITY ACT OF 2005
_______
July 1, 2005.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
REPORT
[to accompany S. 864]
The Committee on Environment and Public Works, to which was
referred a bill (S. 864) to amend the Atomic Energy Act of 1954
to modify provisions relating to nuclear safety and security,
and for other purposes, 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 . . . '
There are 103 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.
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 Federal Bureau of
Investigation, 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. Since that time,
the NRC has issued a series of Orders directing licensees to
enhance security at nuclear facilities (see below).
Required licensees to conduct vehicle checks
at greater stand-off distances (February 2002)
Required more security officers, patrols, and
checkpoints (February 2002)
Improved coordination with law enforcement and
intelligence communities (February 2002)
Required capability to respond to large
explosions or fires (February 2002)
Enhanced site access controls for personnel
(January 2003)
Required additional physical barriers
(February 2002 and April 2003)
Strengthened training and qualification
programs for security force personnel (April 2003)
Modified work hour limits for security
personnel and updated procedures for evaluating security force
fatigue (April 2003)
Increased physical security to defend against
a more challenging terrorist threat supplemented the Design
Basis Threat (April 2003)
Enhanced security for spent fuel storage (May
and October 2002)
The Commission has also issued security orders for
decommissioning power reactors, fuel cycle facilities, spent
fuel facilities, possession and 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.
Objectives of the Legislation
The Nuclear Security Act of 2005 (s. 864), which was
introduced by Senators Inhofe and Voinovich on April 20, 2005,
is an important step in ensuring protection of the public
against potential terrorist activities against commercial
nuclear facilities or potential theft of nuclear materials. S.
864 is a continuation of the committee's efforts to address
nuclear security issues. In every Congress since 1999, the
committee has reported legislation that contained vital
security authorities for the NRC. During the 108th Congress,
the committee unanimously reported S. 1043, the Nuclear
Infrastructure Security Act. This legislation would have
authorized a comprehensive assessment of potential security
threats and required the NRC to implement measures to address
those threats. While S. 1043 bill did not become law, the
committee strongly commends the NRC for acting to implement
virtually all of the provisions of the bill that could be done
administratively. S. 864 recognizes the administrative actions
taken by the NRC and seeks to fill in the remaining gaps in
authority that prevent the NRC from taking further action. This
bill also takes additional steps to protect against theft or
terrorist use of radioactive materials in so-called `dirty
bombs.'
The committee has taken extensive testimony, both
classified and unclassified, on the issues involved in securing
the nation's nuclear facilities. In developing this
legislation, the committee 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 that U.S. nuclear resources would be employed as weapons
of destruction.
Section-by-Section Analysis
Sec. 1. Short title; table of contents.
This Act may be cited as the ``Nuclear Security Act of
2005''.
Sec. 2. Definition of Commission.
The term ``Commission'' means the Nuclear Regulatory
Commission.
TITLE I--NUCLEAR SAFETY AND SECURITY
Sec. 101. General provisions.
Each previously specified authority of the Commission under
Section 161 of the Atomic Energy Act (42 U.S.C. 2201) would be
prefaced by the phrase ``In carrying out the duties of the
Commission, the Commission may''.
Sec. 102. Use of firearms by security personnel.
This section adds a new subsection 161A(a) to the Atomic
Energy Act of 1954 to define the types of firearms that may be
used by security personnel at a nuclear facility. Such firearms
include: a handgun, a rifle or shotgun, a short-barreled
shotgun, a short-barreled rifle, a machine gun, a semiautomatic
assault weapon, and associated ammunition and ammunition
feeding devices.
A new subsection 161A(b) authorizes security personnel of
licensees and certificate holders of the Nuclear Regulatory
Commission (including employees of contractors of licensees and
certificate holders) to transfer, receive, possess, transport,
import, and use 1 or more of those weapons, ammunition, or
devices defined in the previous section to effectively protect
facilities, equipment, and radioactive materials. The committee
expects this authority to be exercised primarily on the
premises of a licensee or certificate holder, or in the
transport of radioactive material. The committee anticipates
the Commission will be judicious in exercising its authority to
allow the use of armed personnel in other venues, and suggests
this authority not be delegated to licensees or certificate
holders without prior approval by the Commission.
The authority provide in this section is notwithstanding
sections 922(a)(4), 922(a)(5), 922(b)(2), 922(b)(4), 922(o),
and 925(d)(3) of title 18, United States Code, and section 5844
of title 26, United States Code, or any provision of any State
law or any rule or regulation of a State or any political
subdivision of a State prohibiting the transfer, receipt,
possession, transportation, importation, or use of a handgun, a
rifle or shotgun, a short-barreled shotgun, a short-barreled
rifle, a machine gun, a semiautomatic assault weapon and
ammunition, or a large capacity ammunition feeding device.
A new subsection 161A(c) requires that security personnel
receiving such firearms and ammunition are subject to a
background check by the U.S. Attorney General. Such a
background check is required to include fingerprinting and a
check of the system established under section 103(b) of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) to
determine whether the individual is prohibited from possessing
or receiving a firearm under Federal or State law.
Sec. 103. Fingerprinting and criminal history record checks.
Amends section 149(a) of the Atomic Energy Act of 1954 (42
U.S.C. 2169(a)) to require that the Nuclear Regulatory
Commission fingerprint each individual with unescorted access
to a utilization facility; or radioactive material or other
property subject to regulation by the Nuclear Regulatory
Commission that the Nuclear Regulatory 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; or is permitted access to safeguards
information under section 147.
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.
Sec. 104. Security evaluations; design basis threat rulemaking.
A new section 170C would be added to the Atomic Energy Act
of 1954 that would require the Nuclear Regulatory Commission
conduct security evaluations at each licensed facility at least
once every 3 years. The security evaluations must include
force-on-force exercises that simulate security threats, to the
maximum extent possible, in accordance with the applicable
design basis threat. Prior to September 11, 2001 similar
security exercises were conducted approximately once every 6
years, but the NRC has recently instituted a 3-year schedule--
this section codifies the 3 year requirement. The NRC is
required to mitigate any potential conflict of interest that
could influence the results of the force-on-force exercises.
This section also requires the NRC to ensure that the licensee
corrects any deficiencies identified by the NRC during the
security response evaluations. The NRC is also required to
submit a report at least once per year to the Senate
Environment and Public Works Committee and House Energy and
Commerce Committee detailing the results of the security
evaluations conducted (and any corrective actions taken) during
the previous year.
A new section 170D is also added to the Atomic Energy Act
of 1954 to require the NRC to initiate a rulemaking to revise
the design basis threat within 90 days of enactment, and any
newly initiated rulemaking must be completed 18 months after
that date. In the event that the Commission is engaged in such
a rulemaking at the time of enactment, the NRC must complete
any ongoing rulemaking to revise the design basis threat not
later than 18 months after the date of enactment of this
section. While the NRC has issued numerous orders to licensees
to upgrade security, it has yet to initiate a rulemaking to put
these upgrades into regulation. The NRC has stated that it
intends to initiate such a rulemaking this summer. This section
would require such a rulemaking if it has not already been
initiated prior to enactment.
Sec. 105. Unauthorized introduction of dangerous weapons.
This section expands subsection 229(a) 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 229(a) 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. The committee notes that the
term ``dangerous weapons'' is left undefined by section 229
because it is necessary to allow security forces a reasonable
degree of latitude and flexibility to determine levels of
threat. The committee expects the clarifying language ``likely
to produce substantial injury or damage to persons or
property'' will be applied judiciously, and encourages the
Commission to consider addressing this point in regulations.
Sec. 106. Sabotage of nuclear facilities, fuel, or designated material.
This section amends section 236(a) of the Atomic Energy Act
of 1954 to expand existing Federal criminal sanctions to
include sabotage or attempted sabotage of any production,
utilization waste storage, waste treatment, waste disposal,
uranium enrichment, uranium conversion, nuclear fuel
fabrication, or primary or critical backup facilities as well
as sabotage or attempted sabotage during the construction stage
of those facilities, if the damage could affect public health
and safety during facility operation.
Sec. 107. Whistleblower protection.
This section amends section 211(a)(2) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) by extending
the whistleblower protection to include the Nuclear Regulatory
Commission employees, contractors, and subcontractors.
Section 211(b) of the Energy Reorganization Act of 1974 (42
U.S.C. 5851(b)) is also amended by ensuring that protected
employees who filed whistleblower discrimination complaints
with the Secretary of Labor could file Federal lawsuits if the
Secretary had not issued a final decision within 1 year.
Sec. 108. 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, that created such an office by administrative
action. The committee intends this provision to provide this
office the equivalent statutory status as other Commission
offices. New subsections 212(a) and 212(b) establish the Office
of Nuclear Security and Incident Response and provides for the
appointment of a Director to head the office, and specifies the
duties of the Director.
Sec. 109. Spent fuel rods and segments.
The Nuclear Regulatory Commission is required to develop
uniform guidelines for a materials control and accountability
program for spent fuel rods no later than 260 days after the
date of enactment.
TITLE II--DIRTY BOMB PREVENTION
Sec. 201. Radiation source protection.
This section amends Chapter 14 of the Atomic Energy Act of
1954 (42 U.S.C. 2201 et seq.) to add a new section 170E at the
end. New subsection 170E(a) defines the terms `radiation
source'. Subsection 170E(b) requires the Nuclear Regulatory
Commission to issue regulations to control the international
import and export of radiation sources in accordance with the
International Atomic Energy Agency's (IAEA) Code of Conduct for
Category 1 and 2 sources. Subsection 170E(c) requires the
Nuclear Regulatory Commission to issue regulations to develop a
domestic tracking system for discrete radiation sources and any
other radioactive material that the NRC determines warrants
protection in the United States. Subsection 170E(d) requires
the Nuclear Regulatory Commission to impose a civil penalty not
to exceed $1,000,000 for violating subsection 170E(a) and
subsection 170E(b). Subsection 170E(e) requires that the
Nuclear Regulatory Commission enter into an arrangement with
the National Academy of Sciences to study the industrial,
research, and commercial uses for radiation sources. Subsection
170E(f) establishes a task force consisting of several Federal
agencies in consultation with State and local agencies
responsible for evaluating, and providing recommendations
relating to, the security of radiation sources in the United
States from potential terrorist threats, including acts of
sabotage, theft, or use of a radiation source in a radiological
dispersal devise. Subsection 170E(g) requires that the Nuclear
Regulatory Commission take the necessary actions to address
recommendations of the task force established in subsection
170E(f).
Sec. 202. Treatment of accelerator-produced and other radioactive
material as byproduct material.
This section extends current Nuclear Regulatory Commission
regulatory authority under Section 11(e) of 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. The Nuclear Regulatory
Commission broaden definition also is applied to existing
agreements between States and the Nuclear Regulatory Commission
and waste disposal requirements. The Nuclear Regulatory
Commission is required after consultation with States and other
stakeholders to issue final regulations within 1 year
establishing requirements for this section.
Legislative History
On April 20, 2005, Senator Inhofe introduced S. 864, which
was referred to the Committee on Environment and Public Works.
On June 8, 2005, the committee ordered S. 864 to be reported
favorably with an amendment in the nature of a substitute.
Hearings
During the 109th Congress, the Committee on Environment and
Public Works held two hearings where security issues were
discussed. On May 17, 2005, the committee held a classified
(Top Secret) hearing on nuclear security receiving testimony
from the Nuclear Regulatory Commission. The committee held a
Nuclear Regulatory Commission oversight hearing on May 26,
2005, receiving testimony from the Nuclear Regulatory
Commission; the Government Accountability Office; Marilyn C.
Kray of NuStart; and Dr. Edwin Lyman representing the Union of
Concerned Scientists.
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 20, 2002, the Committee on Environment and Public
Works held a classified hearing on nuclear security, receiving
testimony from Federal Government witnesses. 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. At this hearing the committee
received testimony from: Hon. Edward J. Markey, U.S.
Representative from Massaschusetts; Hon. Richard A. Meserve,
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.
Rollcall Votes
On June 8, 2005, the Committee on Environment and Public
Works met to consider S. 864. A managers' amendment 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 to 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. 864 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. 864 would
require fees to be paid to the to the Nuclear Regulatory
Commission to cover increased costs for security at nuclear
facilities. The committee does not believe that these costs
will 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 Act
requires each report to contain a statement of the cost of a
reported bill prepared by the Congressional Budget Office.
Senate Rule XXVI paragraph 11(a)(3) allows the report to
include a statement of the reasons why compliance is
impracticable. The committee has requested this statement from
the Congressional Budget Office and will publish it in the
Congressional Record when it becomes available.
Changes in 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:
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ATOMIC ENERGY ACT OF 1954
TABLE OF CONTENTS
TITLE I--ATOMIC ENERGY
Chapter 1. Declaration, Findings, and Purpose
* * * * * * *
Chapter 14. General Authority
Sec. 161. General provisions.
Sec. 162. Contracts.
Sec. 163. Advisory Committees.
Sec. 164. Electric Utility Contracts.
Sec. 165. Contract Practices.
Sec. 166. Comptroller General Audit.
Sec. 167. Claim Settlements.
Sec. 168. Payments in Lieu of Taxes.
Sec. 169. No Subsidy.
Sec. 170. Indemnification and Limitation of Liability.
Sec. 170A. Conflicts of interest relating to contracts and other
arrangements.
Sec. 170B. Uranium supply.
Sec. 170C. Security evaluations.
Sec. 170D. Design basis threat rulemaking.
Sec. 170E. Radiation source protection.
* * * * * * *
CHAPTER 1. DECLARATION, FINDINGS, AND PURPOSE
Section 1. Declaration.--Atomic energy is capable of
application for peaceful as well as military purposes. It is
therefore declared to be the policy of the United States that--
a. * * *
* * * * * * *
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. * * *
* * * * * * *
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;
(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 for 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 for a
commercial, medical, or research activity; and
(4) any discrete source of naturally occurring
radioactive material, other than source material,
that--
(A) the Commission, in 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,
determines would pose a threat similar to the
threat 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.
* * * * * * *
Sec. 81. Domestic Distribution.--[No person may]
a. In General.--No person may transfer or receive in
interstate commerce, manufacture, produce, transfer, acquire,
own, possess, import, or export any byproduct material, except
to the extent authorized by this section, section 82 or section
84. The Commission is authorized to issue general or specific
licenses to applicants seeking to use byproduct material for
research or development purposes, for medical therapy,
industrial uses, agricultural uses, or such other useful
applications as may be developed. The Commission may
distribute, sell, loan, or lease such byproduct material as it
owns to qualified applicants with or without charge: Provided,
however, That, for byproduct material to be distributed by the
Commission for a charge, the Commission shall establish prices
on such equitable basis as, in the opinion of the Commission,
(a) will provide reasonable compensation to the Government for
such material, (b) will not discourage the use of such material
or the development of sources of supply of such material
independent of the Commission, and (c) will encourage research
and development. In distributing such material, the Commission
shall give preference to applicants proposing to use such
material either in the conduct of research and development or
in medical therapy. The Commission shall not permit the
distribution of any byproduct material to any licensee, and
shall recall or order the recall of any distributed material
from any licensee, who is not equipped to observe or who fails
to observe such safety standards to protect health as may be
established by the Commission or who uses such material in
violation of law or regulation of the Commission or in a manner
other than as disclosed in the application therefor or approved
by the Commission. The Commission is authorized to establish
classes of byproduct material and to exempt certain classes or
quantities of material or kinds of uses or users from the
requirements for a license set forth in this section when it
makes a finding that the exemption of such classes or
quantities of such material or such kinds of uses or users will
not constitute an unreasonable risk to the common defense and
security and to the health and safety of the public.
b. Requirements.--
(1) In general.--Except as provided in paragraph
(2), byproduct material, as defined in paragraphs (3)
and (4) of section 11 e., may only be transferred to
and disposed of in a disposal facility that--
(A) is adequate to protect public health
and safety; and
(B)(i) is licensed by the Commission; or
(ii) is licensed by a State that has
entered into an agreement with the Commission
under section 274 b., if the licensing
requirements of the State are compatible with
the licensing requirements of the Commission.
(2) Effect of subsection.--Nothing in this
subsection affects the authority of any entity to
dispose of byproduct material, as defined in paragraphs
(3) and (4) of section 11 e., at a disposal facility in
accordance with any Federal or State solid or hazardous
waste law, including the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
c. Treatment as Low-level Radioactive Waste.--Byproduct
material, as defined in paragraphs (3) and (4) of section 11
e., disposed of under this section shall not be considered to
be low-level radioactive waste for the purposes of--
(1) section 2 of the Low-Level Radioactive Waste
Policy Act (42 U.S.C. 2021b); or
(2) carrying out a compact that is--
(A) entered into in accordance with that
Act (42 U.S.C. 2021b et seq.); and
(B) approved by Congress.
* * * * * * *
Sec. 149. Fingerprinting for Criminal History Record
Checks.--
[a. The Nuclear Regulatory Commission (in this section
referred to as the ``Commission'') shall require each licensee
or applicant for a license to operate a utilization facility
under section 103 or 104 b. to fingerprint each individual who
is permitted unescorted access to the facility or is permitted
access to safeguards information under section 147.]
a.(1)(A)(i) The Commission shall require each individual or
entity described in clause (ii) to fingerprint each individual
described in subparagraph (B) before the individual described
in subparagraph (B) is permitted access under subparagraph (B).
(ii) The individuals and entities referred to in clause (i)
are individuals and entities that, on or before the date on
which an individual is permitted access under subparagraph
(B)--
(I) are licensed or certified to engage in an
activity subject to regulation by the Commission;
(II) have filed an application for a license or
certificate to engage in an activity subject to
regulation by the Commission; or
(III) have notified the Commission in writing of an
intent to file an application for licensing,
certification, permitting, or approval of a product or
activity subject to regulation by the Commission.
(B) The Commission shall require to be fingerprinted any
individual who--
(i) is permitted unescorted access to--
(I) a utilization facility; or
(II) 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; or
(ii) is permitted access to safeguards information
under section 147.
[All fingerprints obtained by a licensee or applicant as
required in the preceding sentence]
(2) All fingerprints obtained by an individual or entity as
required in paragraph (1) shall be submitted to the Attorney
General of the United States through the Commission for
identification and a criminal history records check. [The costs
of any identification and records check conducted pursuant to
the preceding sentence shall be paid by the licensee or
applicant.]
(3) The costs of an identification or records check under
paragraph (2) shall be paid by the individual or entity
required to conduct the fingerprinting under paragraph (1)(A).
[Notwithstanding any other provision of law, the Attorney
General may provide all the results of the search to the
Commission, and, in accordance with regulations prescribed
under this section, the Commission may provide such results to
the licensee or applicant submitting such fingerprints.]
(4) Notwithstanding any other provision of law--
(A) the Attorney General may provide any result of
an identification or records check under paragraph (2)
to the Commission; and
(B) the Commission, in accordance with regulations
prescribed under this section, may provide the results
to the individual or entity required to conduct the
fingerprinting under paragraph (1)(A).
b. The Commission, by rule, may relieve persons from the
obligations imposed by this section, upon specified terms,
conditions, and periods, if the Commission finds that such
action is consistent with its obligations to promote the common
defense and security and to protect the health and safety of
the public.
c. For purposes of administering this section, the
Commission shall prescribe[, subject to public notice and
comment, regulations--] requirements--
(1) to implement procedures for the taking of
fingerprints;
(2) to establish the conditions for use of
information received from the Attorney General, in
order--
(A) to limit the redissemination of such
information;
(B) to ensure that such information is used
solely for the purpose of determining whether
an individual shall be permitted [unescorted
access to the facility of a licensee or
applicant] unescorted access to a utilization
facility, radioactive material, or other
property described in subsection a.(1)(B) or
shall be permitted access to safeguards
information under section 147;
(C) to ensure that no final determination
may be made solely on the basis of information
provided under this section involving--
(i) an arrest more than 1 year old
for which there is no information of
the disposition of the case; or
(ii) an arrest that resulted in
dismissal of the charge or an
acquittal; and
(D) to protect individuals subject to
fingerprinting under this section from misuse
of the criminal history records; and
(3) to provide each individual subject to
fingerprinting under this section with the right to
complete, correct, and explain information contained in
the criminal history records prior to any final adverse
determination.
d. The Commission may require a person or individual to
conduct fingerprinting under subsection a.(1) by authorizing or
requiring the use of any alternative biometric method for
identification that has been approved by--
(1) the Attorney General; and
(2) the Commission, by regulation.
[d.] (e) (1) The Commission may establish and collect fees
to process fingerprints and criminal history records under this
section.
(2) Notwithstanding section 3302(b) of title 31, United
States Code, and to the extent approved in appropriation Acts--
(A) a portion of the amounts collected under this
subsection in any fiscal year may be retained and used
by the Commission to carry out this section; and
(B) the remaining portion of the amounts collected
under this subsection in such fiscal year may be
transferred periodically to the Attorney General and
used by the Attorney General to carry out this section.
(3) Any amount made available for use under paragraph (2)
shall remain available until expended.
* * * * * * *
[Sec. 161. General Provisions.--In the performance of its
functions the Commission is authorized to--]
SEC. 161. GENERAL PROVISIONS.
a. In carrying out the duties of the Commission, the
Commission may establish advisory boards to advise with and
make recommendations to the Commission on legislation,
policies, administration, research, and and other matters,
provided that the Commission issues regulations setting forth
the scope, procedure, and limitations of the authority of each
such board[;] .
b. In carrying out the duties of the Commission, the
Commission may establish by rule, regulation, or order, such
standards and instructions to govern the possession and use of
special nuclear material, source material, and byproduct
material as the Commission may deem necessary or desirable to
promote the common defense and security or to protect health or
to minimize danger to life or property; in addition, the
Commission shall prescribe such regulations or orders as may be
necessary or desirable to promote the Nation's common defense
and security with regard to control, ownership, or possession
of any equipment or device, or important component part
especially designed for such equipment or device, capable of
separating the isotopes of uranium or enriching uranium in the
isotope 235[;] .
c. In carrying out the duties of the Commission, the
Commission may make such studies and investigations, obtain
such information, and hold such meetings or hearings as the
Commission may deem necessary or proper assist it in exercising
any authority provided in this Act, or in the administration or
enforcement of this Act, or any regulations or orders issued
thereunder. For such purposes the Commission is authorized to
administer oaths and affirmations, and by subpena to require
any person to appear and testify, or to appear and produce
documents, or both, at any designated place. Witnesses
subpenaed under this subsection shall be paid the same fees and
mileage as are paid witnesses in the district courts of the
United States[;] .
d. In carrying out the duties of the Commission, the
Commission may appoint and fix the compensation of such
officers and employees as may be necessary to carry out the
functions of the Commission. Such officers and employees shall
be appointed in accordance with the civil-service laws and
their compensation fixed in accordance with the Classification
Act of 1949, as amended, except that, to the extent the
Commission deems such action necessary to the discharge of its
responsibilities, personnel may be employed and their
compensation fixed without regard to such laws: Provided,
however, That no officer or employee (except such officers and
employees whose compensation is fixed by law, and scientific
and technical personnel up to a limit of the highest rate of
grade 18 of the General Schedule of the Classification Act of
1949, as amended) whose position would be subject to the
Classification Act of 1949, as amended, if such Act were
applicable to such position, shall be paid a salary at a rate
in excess of the rate payable under such Act for positions of
equivalent difficulty or responsibility. Such rates of
compensation may be adopted by the Commission as may be
authorized by the Classification Act of 1949, as amended, as of
the same date such rates are authorized for positions subject
to such Act. The Commission shall make adequate provision for
administrative review of any determination to dismiss any
employee[;] .
e. In carrying out the duties of the Commission, the
Commission may acquire such material, property, equipment, and
facilities, establish or construct such buildings and
facilities, and modify such buildings and facilities from time
to time, as it may deem necessary, and construct, acquire,
provide, or arrange for such facilities and services (at
project sites where such facilities and services are not
available) for the housing, health, safety, welfare, and
recreation of personnel employed by the Commission as it may
deem necessary, subject to the provisions of section 174:
Provided, however, That in the communities owned by the
Commission, the Commission is authorized to grant privileges,
leases, and permits upon adjusted terms which (at the time of
the initial grant of any privilege grant, lease, or permit, or
renewal thereof, or in order to avoid inequities or undue
hardship prior to the sale by the United States of property
affected by such grant) are fair and reasonable to responsible
persons to operate commercial businesses without advertising
and without advertising and without securing competitive bids,
but taking into consideration, in addition to the price, and
among other things (1) the quality and type of services
required by the residents of the community, (2) the experience
of each concession applicant in the community and its
surrounding area, (3) the ability of the concession applicant
to meet the needs of the community, and (4) the contribution
the concession applicant has made or will make to the other
activities and general welfare of the community[;] .
f. In carrying out the duties of the Commission, the
Commission may with the consent of the agency concerned,
utilize or employ the services or personnel of any Government
agency or any State or local government, or voluntary or
uncompensated personnel, to perform such functions on its
behalf as may appear desirable[;] .
g. acquire, purchase, lease, and hold real and personal
property, including patents, as agent of and on behalf of the
United States, subject to the provisions of section 174, and to
sell, lease, grant, and dispose of such real and personal
property as provided in this Act;
h. In carrying out the duties of the Commission, the
Commission may consider in a single application one or more of
the activities for which a license is required by this Act,
combine in a single license one or more of such activities, and
permit the applicant or licensee to incorporate by reference
pertinent information already filed with the Commission[;] .
i. In carrying out the duties of the Commission, the
Commission may prescribe such regulations or orders as it may
deem necessary (1) to protect Restricted Data received by any
person in connection with any activity authorized pursuant to
this Act, (2) to guard against the loss or diversion of any
special nuclear material acquired by any person pursuant to
section 53 or produced by any person in connection with any
activity authorized pursuant to this Act, to prevent any use or
disposition thereof which the Commission may determine to be
inimical to the common defense and security, including
regulations or orders designating activities, involving
quantities of special nuclear material which in the opinion of
the Commission are important to the common defense and
security, that may be conducted only by persons whose
character, associations, and loyalty shall have been
investigated under standards and specifications established by
the Commission and as to whom the Commission shall have
determined that permitting each such person to conduct the
activity will not be inimical to the common defense and
security, and (3) to govern any activity authorized pursuant to
this Act, including standards and restrictions governing the
design, location, and operation of facilities used in the
conduct of such activity, in order to protect health and to
minimize danger to life or property;
j. In carrying out the duties of the Commission, the
Commission may without regard to the provisions of the Federal
Property and Administrative Services Act of 1949, as amended,
except section 207 of that Act, or any other law, make such
disposition as it may deem desirable of (1) radioactive
materials, and (2) any other property, the special disposition
of which is, in the opinion of the Commission, in the interest
of the national security: Provided, however, That the property
furnished to licensees in accordance with the provisions of
subsection 161 m. shall not be deemed to be property disposed
of by the Commission pursuant to this subsection[;] .
k. authorize such of its members, officers, and employees
as it deems necessary in the interest of the common defense and
security to carry firearms while in the discharge of their
official duties. The Commission may also authorize such of
those employees of its contractors and subcontractors (at any
tier) engaged in the protection of property under the
jurisdiction of the United States and located at facilities
owned by or contracted to the United States or being
transported to or from such facilities as it deems necessary in
the interests of the common defense and security to carry
firearms while in the discharge of their official duties. A
person authorized to carry firearms under this subsection may,
while in the performance of, and in connection with, official
duties, make arrests without warrant for any offense against
the United States committed in that person's presence or for
any felony cognizable under the laws of the United States if
that person has reasonable grounds to believe that the
individual to be arrested has committed or is committing such
felony. An employee of a contractor or subcontractor authorized
to carry firearms under this subsection may make such arrests
only when the individual to be arrested is within, or in direct
flight from, the area of such offense. A person granted
authority to make arrests by this subsection may exercise that
authority only in the enforcement of (1) laws regarding the
property of the United States in the custody of the Department
of Energy, the Nuclear Regulatory Commission, or a contractor
of the Department of Energy or Nuclear Regulatory Commission,
or (2) any provision of this Act that may subject an offender
to a fine, imprisonment, or both. The arrest authority
conferred by this subsection is in addition to any arrest
authority under other laws. The Secretary, with the approval of
the Attorney General, shall issue guidelines to implement this
subsection;
[l. Repealed by Pub. L. 87-456, Sec. 303(c), 76 Stat. 78,
May 24, 1962.]
m. In carrying out the duties of the Commission, the
Commission may enter into agreements with persons licensed
under Section 103, 104, 53 a. (4), or 63 a. (4) for such
periods of time as the Commission may deem necessary or
desirable (1) to provide for the processing, fabricating,
separating, or refining in facilities owned by the Commission
of source, byproduct, or other material or special nuclear
material owned by or made available to such licensees and which
is utilized or produced in the conduct of the licensed
activity, and (2) to sell, lease, or otherwise make available
to such licensees such quantities of source or byproduct
material, and other material not defined as special nuclear
material pursuant to this Act, as may be necessary for the
conduct of the licensed activity: Provided, however, That any
such agreement may be canceled by the licensee at any time upon
payment of such reasonable cancellation charges as may be
agreed upon by the licensee and the Commission: And provided
further, That the Commission shall establish prices to be paid
by licensees for material or services to be furnished by the
Commission pursuant to this subsection, which prices shall be
established on such a nondiscriminatory basis as, in the
opinion of the Commission, will provide reasonable compensation
to the Government for such material or services and will not
discourage the development of sources of supply independent of
the Commission[;] .
n. In carrying out the duties of the Commission, the
Commission may delegate to the General Manager or other
officers of the Commission any of those functions assigned to
it under this Act except those specified in sections 51, 57 b.,
61, 108, 123, 145 b. (with respect to the determination of
those persons to whom the Commission may reveal Restricted Data
in the national interest), 145 f., and 161 a.[;] .
o. In carrying out the duties of the Commission, the
Commission may require by rule, regulation, or order, such
reports, and the keeping of such records with respect to, and
to provide for such inspections of, activities and studies of
types specified in section 31 and of activities under licenses
issued pursuant to sections 53, 63, 81, 103, and 104, as may be
necessary to effectuate the purposes of this Act, including
section 105[; and] .
p. In carrying out the duties of the Commission, the
Commission may make, promulgate, issue, rescind, and amend such
rules and regulations as may be necessary to carry out the
purposes of this Act.
q. The Commission is authorized and empowered, under such
terms and conditions as are deemed advisable by it, to grant
easements for rights-of-way over, across, in, an upon acquired
lands under its jurisdiction and control, and public lands
permanently withdrawn or reserved for the use of the
Commission, to any State, political subdivision thereof, or
municipality, or to any individual, partnership, or corporation
of any State, Territory, or possession of the United States,
for (a) railroad tracks; (b) oil pipe lines; (c) substations
for electric power transmission lines, telephone lines, and
telegraph lines, and pumping stations for gas, water, sewer,
and oil pipe lines; (d) canals; (e) ditches; (f) flumes; (g)
tunnels; (h) dams and reservoirs in connection with fish and
wildlife programs, fish hatcheries, and other fish-cultural
improvements; (i) roads and streets; and (j) for any other
purpose or purposes deemed advisable by the Commission:
Provided, That such rights-of-way shall be granted only upon a
finding by the Commission that the same will not be
incompatible with the public interest: Provided further, That
such rights-of-way shall not include any more land than is
reasonably necessary for the purpose for which granted: And
provided further, That all or any part of such rights-of-way
may be annulled and forfeited by the Commission for failure to
comply with the terms and conditions of any grant hereunder or
for nonuse for a period of two consecutive years or abandonment
of rights granted under authority hereof. Copies of all
instruments granting easements over public lands pursuant to
this section shall be furnished to the Secretary of the
Interior.
r. Under such regulations and for such periods and at such
prices the Commission may prescribe, the Commission may sell or
contract to sell to purchasers within Commission-owned
communities or in the immediate vicinity of the Commission
community, as the case may be, any of the following utilities
and related services, if it is determined that they are not
available from another local source and that the sale is in the
interest of the national defense or in the public interest:
(1) Electric power.
(2) Steam.
(3) Compressed air.
(4) Water.
(5) Sewage and garbage disposal.
(6) Natural, manufactured, or mixed gas.
(7) Ice.
(8) Mechanical refrigeration.
(9) Telephone service.
Proceeds of sales under this subsection shall be credited
to the appropriation currently available for the supply of that
utility or service. To meet local needs the commission may make
minor expansions and extensions of any distributing system or
facility within or in the immediate vicinity of a Commission-
owned community through which a utility or service is furnished
under this subsection.
s. In carrying out the duties of the Commission, the
Commission may establish a plan for a succession of authority
which will assure the continuity of direction of the
Commission's operations in the event of a national disaster due
to enemy activity. Notwithstanding any other provision of this
Act, the person or persons succeeding to command in the event
of disaster in accordance with the plan established pursuant to
this subsection shall be vested with all of the authority of
the Commission: Provided, That any such succession to
authority, and vesting of authority shall be effective only in
the event and as long as a quorum of three or more members of
the Commission is unable to convene and exercise direction
during the disaster period: Provided further, That the disaster
period includes the period when attack on the United States is
imminent and the post-attack period necessary to reestablish
normal lines of command[;] .
t. In carrying out the duties of the Commission, the
Commission may enter into contracts for the processing,
fabricating, separating, or refining in facilities owned by the
Commission of source, byproduct or other material, or special
nuclear material, in accordance with and within the period of
an agreement for cooperation while comparable services are
available to persons licensed under section 103 or 104:
Provided, That the prices for services under such contracts
shall be no less than the prices currently charged by the
Commission pursuant to section 161 m.[;]
u. [(1) enter into] In carrying out the duties of the
Commission, the Commission may--
(1) enter into contracts for such periods of time
as the Commission may deem necessary or desirable, but
not to exceed five years from the date of execution of
the contract, for the purchase or acquisition of
reactor services or services related to or required by
the operation of reactors;
(2)(A) enter into contracts for such periods of
time as the Commission may deem necessary or desirable
for the purchase or acquisition of any supplies,
equipment, materials, or services required by the
Commission whenever the Commission determines that: (i)
it is advantageous to the Government to make such
purchase or acquisition from commercial sources; (ii)
the furnishing of such supplies, equipment, materials,
or services will require the construction or
acquisition of special facilities by the vendors or
suppliers thereof; (iii) the amortization chargeable to
the Commission constitutes an appreciable portion of
the cost of contract performance, excluding cost of
materials; and (iv) the contract for such period is
more advantageous to the Government than a similar
contract not executed under the authority of this
subsection. Such contracts shall be entered into for
periods not to exceed five years each from the date of
initial delivery of such supplies, equipment,
materials, or services or ten years from the date of
execution of the contracts excluding periods of renewal
under option.
(B) In entering into such contracts the Commission
shall be guided by the following principles: (i) the
percentage of the total cost of special facilities
devoted to contract performance and chargeable to the
Commission should not exceed the ratio between the
period of contract deliveries and the anticipated
useful life of such special facilities; (ii) the
desirability of obtaining options to renew the contract
for reasonable periods at prices not to include charges
for special facilities already amortized; and (iii) the
desirability of reserving in the Commission the right
to take title to the special facilities under
appropriate circumstances; and
(3) include in contracts made under this subsection
provisions which limit the obligation of funds to
estimated annual deliveries and services and the
unamortized balance of such amounts due for special
facilities as the parties shall agree is chargeable to
the performance of the contract. Any appropriation
available at the time of termination or thereafter made
available to the Commission for operating expenses
shall be available for payment of such costs which may
arise from termination as the contract may provide. The
term ``special facilities'' as used in this subsection
means any land, any depreciable buildings, structures,
utilities, machinery, equipment, and fixtures necessary
for the production or furnishing of such supplies,
equipment, materials, or services and not available to
the vendors or suppliers for the performance of the
contract.
v. In carrying out the duties of the Commission, the
Commission may provide services in support of the United States
Enrichment Corporation, except that the Secretary of Energy
shall annually collect payments and other charges from the
Corporation sufficient to ensure recovery of the costs
(excluding depreciation and imputed interest on original plant
investments in the Department's gaseous diffusion plants and
costs under section 1403(d)) incurred by the Department of
Energy after the date of the enactment of the Energy Policy Act
of 1992 in performing such services[;] .
w. In carrying out the duties of the Commission, the
Commission may prescribe and collect from any other Government
agency, which applies for or is issued a license for a
utilization facility designed to produce electrical or heat
energy pursuant to section 103 or 104 b., or which operates any
facility regulated or certified under section 1701 or 1702, any
fee, charge, or price which it may require, in accordance with
the provisions of section 483a of title 31 of the United States
Code or any other law, of applicants for, or holders of, such
licenses or certificates.
x. [Establish] In carrying out the duties of the
Commission, the Commission may establish by rule, regulation,
or order, after public notice, and in accordance with the
requirements of section 181 of this Act, such standards and
instructions as the Commission may deem necessary or desirable
to ensure--
(1) that an adequate bond, surety, or other final
arrangement (as determined by the Commission) will be
provided, before termination of any license for
byproduct material as defined in section 11 e. (2), by
a licensee to permit the completion of all requirements
established by the Commission for the decontamination,
decommissioning, and reclamation of sites, structures,
and equipment used in conjunction with byproduct
material as so defined, and
(2) that--
(A) in the case of any such license issued
or renewed after the date of the enactment of
this subsection, the need for long-term
maintenance and monitoring of such sites,
structures and equipment of termination of such
license will be minimized, and, to the maximum
extent practicable, eliminated; and
(B) in the case of each license for such
material (whether in effect on the date of the
enactment of this section or issued or renewed
thereafter), if the Commission determines that
any such long-term maintenance and monitoring
is necessary, the licensee, before termination
of any license for byproduct material is
defined in section 11 e. (2), will make
available such bonding, surety, or other
financial arrangements as may be necessary to
assure such long-term maintenance and
monitoring.
Such standards and instructions promulgated by the Commission
pursuant to this subsection shall take into account, as
determined by the Commission, so as to avoid unnecessary
duplication and expense, performance bonds or other financial
arrangements which are required by other Federal agencies or
State agencies and/or other local governing bodies for such
decommissioning, decontamination, and reclamation and long-term
maintenance and monitoring except that nothing in this
paragraph shall be construed to require that the Commission
accept such bonds or arrangements if the commission determines
that such bonds or arrangements are not adequate to carry out
subparagraphs (1) and (2) of this subsection.
SEC. 161A. USE OF FIREARMS BY SECURITY PERSONNEL.
a. Definitions.--In this section, the terms `handgun',
`rifle', `shotgun', `firearm', `ammunition', `machinegun',
`short-barreled shotgun', and `short-barreled rifle' have the
meanings given the terms in section 921(a) of title 18, United
States Code.
b. Authorization.--Notwithstanding subsections (a)(4),
(a)(5), (b)(2), (b)(4), and (o) of section 922 of title 18,
United States Code, section 925(d)(3) of title 18, United
States Code, section 5844 of the Internal Revenue Code of 1986,
and any law (including regulations) of a State or a political
subdivision of a State that prohibits the transfer, receipt,
possession, transportation, importation, or use of a handgun, a
rifle, a shotgun, a short-barreled shotgun, a short-barreled
rifle, a machinegun, a semiautomatic assault weapon, ammunition
for any such gun or weapon, or a large capacity ammunition
feeding device, in carrying out the duties of the Commission,
the Commission may authorize the security personnel of any
licensee or certificate holder of the Commission (including an
employee of a contractor of such a licensee or certificate
holder) to transfer, receive, possess, transport, import, and
use 1 or more such guns, weapons, ammunition, or devices, if
the Commission determines that--
(1) the authorization is necessary to the discharge
of the official duties of the security personnel; and
(2) the security personnel--
(A) are not otherwise prohibited from
possessing or receiving a firearm under Federal
or State laws relating to possession of
firearms by a certain category of persons;
(B) have successfully completed any
requirement under this section for training in
the use of firearms and tactical maneuvers;
(C) are engaged in the protection of--
(i) a facility owned or operated by
a licensee or certificate holder of the
Commission that is designated by the
Commission; or
(ii) radioactive material or other
property owned or possessed by a
licensee or certificate holder of the
Commission, or that is being
transported to or from a facility owned
or operated by such a licensee or
certificate holder, and that has been
determined by the Commission to be of
significance to the common defense and
security or public health and safety;
and
(D) are discharging the official duties of
the security personnel in transferring,
receiving, possessing, transporting, or
importing the weapons, ammunition, or devices.
c. Background Checks.--A person that receives, possesses,
transports, imports, or uses a weapon, ammunition, or a device
under subsection (b) shall be subject to a background check by
the Attorney General, based on fingerprints and including a
background check under section 103(b) of the Brady Handgun
Violence Prevention Act (Public Law 103-159; 18 U.S.C. 922
note) to determine whether the person is prohibited from
possessing or receiving a firearm under Federal or State law.
d. Effective Date.--This section takes effect on the date
on which guidelines are issued by the Commission, with the
approval of the Attorney General, to carry out this section.
* * * * * * *
Sec. 170A. Conflicts of Interest Relating to Contracts and
Other Arrangements.--
a. * * *
* * * * * * *
SEC. 170C. SECURITY EVALUATIONS.
a. Security Response Evaluations.--Not less often than once
every 3 years, the Commission shall conduct security
evaluations at each licensed facility that is part of a class
of licensed facilities, as the Commission considers to be
appropriate to assess the ability of a private security force
of a licensed facility to defend against any applicable design
basis threat.
b. Force-on-Force Exercises.--(1) The security evaluations
shall include force-on-force exercises.
(2) The force-on-force exercises shall, to the maximum
extent practicable, simulate security threats in accordance
with any design basis threat applicable to a facility.
(3) In conducting a security evaluation, the Commission
shall mitigate any potential conflict of interest that could
influence the results of a force-on-force exercise, as the
Commission determines to be necessary and appropriate.
c. Action by Licensees.--The Commission shall ensure that
an affected licensee corrects any defect in performance
identified by the Commission in a security response evaluation.
d. Facilities Under Heightened Threat Levels.--The
Commission may suspend a security evaluation under this section
if the Commission determines that the evaluation would
compromise security at a nuclear facility under a heightened
threat level.
e. Report.--Not less often than once each year, the
Commission shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report, in
classified form and unclassified form, that describes the
results of each security response evaluation conducted and any
relevant corrective action taken by a licensee during the
previous year.
SEC. 170D. DESIGN BASIS THREAT RULEMAKING.
The Commission shall--
(1) not later than 90 days after the date of
enactment of this section, initiate a rulemaking
proceeding, to be completed not later than 18 months
after that date, to revise the design basis threats of
the Commission; or
(2) not later than 18 months after the date of
enactment of this section, complete any ongoing
rulemaking to revise the design basis threats.
SEC. 170E. RADIATION SOURCE PROTECTION.
a. Definitions.--In this section:
(1) Code of conduct.--The term `Code of Conduct'
means the code entitled the `Code of Conduct on the
Safety and Security of Radioactive Sources', approved
by the Board of Governors of the International Atomic
Energy Agency and dated September 8, 2003.
(2) Radiation source.--The term `radiation source'
means--
(A) a Category 1 Source or a Category 2
Source, as defined in the Code of Conduct; and
(B) any other material that poses a threat
such that the material is subject to this
section, as determined by the Commission, by
regulation.
b. Commission Approval.--Not later than 180 days after the
date of enactment of this section, the Commission shall issue
regulations prohibiting a person from--
(1) exporting a radiation source, unless the
Commission has specifically determined under section 57
or 82, consistent with the Code of Conduct, with
respect to the exportation, that--
(A) the recipient of the radiation source
may receive and possess the radiation source
under the laws and regulations of the country
of the recipient;
(B) the recipient country has the
appropriate technical and administrative
capability, resources, and regulatory structure
to ensure that the radiation source will be
managed in a safe and secure manner; and
(C) before the date on which the radiation
source is shipped--
(i) a notification has been
provided to the recipient country; and
(ii) a notification has been
received from the recipient country, as
the Commission determines to be
appropriate;
(2) importing a radiation source, unless the
Commission has determined, with respect to the
importation, that--
(A) the proposed recipient is authorized by
law to receive the radiation source; and
(B) the shipment will be made in accordance
with any applicable Federal or State law or
regulation; and
(3) selling or otherwise transferring ownership of
a radiation source, unless the Commission--
(A) has determined that the licensee has
verified that the proposed recipient is
authorized under law to receive the radiation
source; and
(B) has required that the transfer shall be
made in accordance with any applicable Federal
or State law or regulation.
(c) Tracking System.--(1)(A) Not later than 1 year after
the date of enactment of this section, the Commission shall
issue regulations establishing a mandatory tracking system for
radiation sources in the United States.
(B) In establishing the tracking system under subparagraph
(A), the Commission shall coordinate with the Secretary of
Transportation to ensure compatibility, to the maximum extent
practicable, between the tracking system and any system
established by the Secretary of Transportation to track the
shipment of radiation sources.
(2) The tracking system under paragraph (1) shall--
(A) enable the identification of each
radiation source by serial number or other
unique identifier;
(B) require reporting within 7 days of any
change of ownership or geographic location of a
radiation source;
(C) require reporting within 24 hours of
any loss of control of, or accountability for,
a radiation source; and
(D) provide for reporting under
subparagraphs (B) and (C) through a secure
Internet connection.
d. Penalty.--A violation of a regulation issued under
subsection a. or b. shall be punishable by a civil penalty not
to exceed $1,000,000.
e. National Academy of Sciences Study.--(1) Not later than
60 days after the date of enactment of this section, the
Commission shall enter into an arrangement with the National
Academy of Sciences under which the National Academy of
Sciences shall conduct a study of industrial, research, and
commercial uses for radiation sources.
(2) The study under paragraph (1) shall include a review of
uses of radiation sources in existence on the date on which the
study is conducted, including an identification of any
industrial or other process that--
(A) uses a radiation source that could be replaced
with an economically and technically equivalent (or
improved) process that does not require the use of a
radiation source; or
(B) may be used with a radiation source that would
pose a lower risk to public health and safety in the
event of an accident or attack involving the radiation
source.
(3) Not later than 2 years after the date of enactment of
this section, the Commission shall submit to Congress the
results of the study under paragraph (1).
f. Task Force on Radiation Source Protection and
Security.--(1) There is established a task force on radiation
source protection and security (referred to in this section as
the `task force').
(2)(A) The chairperson of the task force shall be the
Chairperson of the Commission (or a designee).
(B) The membership of the task force shall consist of the
following:
(i) The Secretary of Homeland Security (or a
designee).
(ii) The Secretary of Defense (or a designee).
(iii) The Secretary of Energy (or a designee).
(iv) The Secretary of Transportation (or a
designee).
(v) The Attorney General (or a designee).
(vi) The Secretary of State (or a designee).
(vii) The Director of National Intelligence (or a
designee).
(viii) The Director of the Central Intelligence
Agency (or a designee).
(ix) The Director of the Federal Emergency
Management Agency (or a designee).
(x) The Director of the Federal Bureau of
Investigation (or a designee).
(3)(A) The task force, in consultation with Federal, State,
and local agencies, the Conference of Radiation Control Program
Directors, and the Organization of Agreement States, and after
public notice and an opportunity for comment, shall evaluate,
and provide recommendations relating to, the security of
radiation sources in the United States from potential terrorist
threats, including acts of sabotage, theft, or use of a
radiation source in a radiological dispersal device.
(B) Not later than 1 year after the date of enactment of
this section, and not less than once every 4 years thereafter,
the task force shall submit to Congress and the President a
report, in unclassified form with a classified annex if
necessary, providing recommendations, including recommendations
for appropriate regulatory and legislative changes, for--
(i) a list of additional radiation sources that
should be required to be secured under this Act, based
on the potential attractiveness of the sources to
terrorists and the extent of the threat to public
health and safety of the sources, taking into
consideration--
(I) radiation source radioactivity levels;
(II) radioactive half-life of a radiation
source;
(III) dispersability;
(IV) chemical and material form;
(V) for radioactive materials with a
medical use, the availability of the sources to
physicians and patients for medical treatment;
and
(VI) any other factor that the Chairperson
of the Commission determines to be appropriate;
(ii) the establishment of, or modifications to, a
national system for recovery of lost or stolen
radiation sources;
(iii) the storage of radiation sources that are not
used in a safe and secure manner as of the date on
which the report is submitted;
(iv) modifications to the national tracking system
for radiation sources;
(v) the establishment of, or modifications to, a
national system (including user fees and other methods)
to provide for the proper disposal of radiation sources
secured under this Act;
(vi) modifications to export controls on radiation
sources to ensure that foreign recipients of radiation
sources are able and willing to adequately control
radiation sources from the United States;
(vii)(I) any alternative technologies available as
of the date on which the report is submitted that may
perform some or all of the functions performed by
devices or processes that employ radiation sources; and
(II) the establishment of appropriate regulations
and incentives for the replacement of the devices and
processes described in subclause (I)--
(aa) with alternative technologies in order
to reduce the number of radiation sources in
the United States; or
(bb) with radiation sources that would pose
a lower risk to public health and safety in the
event of an accident or attack involving the
radiation source; and
(viii) the creation of, or modifications to,
procedures for improving the security of use,
transportation, and storage of radiation sources,
including--
(I) periodic audits or inspections by the
Commission to ensure that radiation sources are
properly secured and can be fully accounted
for;
(II) evaluation of the security measures by
the Commission;
(III) increased fines for violations of
Commission regulations relating to security and
safety measures applicable to licensees that
possess radiation sources;
(IV) criminal and security background
checks for certain individuals with access to
radiation sources (including individuals
involved with transporting radiation sources);
(V) requirements for effective and timely
exchanges of information relating to the
results of criminal and security background
checks between the Commission and any State
with which the Commission has entered into an
agreement under section 274 b.;
(VI) assurances of the physical security of
facilities that contain radiation sources
(including facilities used to temporarily store
radiation sources being transported); and
(VII) the screening of shipments to
facilities that the Commission determines to be
particularly at risk for sabotage of radiation
sources to ensure that the shipments do not
contain explosives.
g. Action by Commission.--Not later than 60 days after the
date of receipt by Congress and the President of a report under
subsection f.(3)(B), the Commission, in accordance with the
recommendations of the task force, shall--
(1) take any action the Commission determines to be
appropriate, including revising the system of the
Commission for licensing radiation sources; and
(2) ensure that States that have entered into
agreements with the Commission under section 274 b.
take similar action in a timely manner.
* * * * * * *
[Sec. 229, Trespass Upon Commission Installations.--]
SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.
[a. The]
a.(1) 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] in the custody of the Commission, or subject to
the licensing authority of the Commission or certification by
the Commission under this Act or any other Act. [Every]
(2) Every such regulation of the Commission shall be posted
conspicuously at the location involved.
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] knowingly
destroys or causes physical damage to--
(1) any production facility or utilization facility
licensed under this Act;
(2) any nuclear waste [storage facility] treatment,
storage, 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[,] ;
(5) any production, utilization, waste storage,
waste treatment, waste disposal, uranium enrichment,
uranium conversion, 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 Commission that, before
the date of the offense, the 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;
or attempts or conspires to do such an act, shall be fined not
more than $10,000 or imprisoned for not more than 20 years, or
both, and, if death results to any person, shall be imprisoned
for any term of years or for life.
b. Any person who [intentionally and willfully] knowingly
causes 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, or
attempts or conspires to do such an act, shall be fined not
more than $10,000 or imprisoned for not more than 20 years, or
both, and, if death results to any person, shall be imprisoned
for any term of years or for life.
* * * * * * *
Sec. 274. Cooperation With States.--
a. * * *
* * * * * * *
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) source materials;
[(4) special nuclear materials in quantities not
sufficient to form a critical mass.] State:
(1) Byproduct materials (as defined in section 11
e.).
(2) Source materials.
(3) 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.
* * * * * * *
----------
ENERGY REORGANIZATION ACT OF 1974
An Act to reorganize and consolidate certain functions of the Federal
Government in a new Energy Research and Development Administration and
in a new Nuclear Regulatory Commission in order to promote more
efficient management of such functions.
SHORT TITLE
Section 1. This Act may be cited as the ``Energy
Reorganization Act of 1974''.
* * * * * * *
Sec. 211. (a)(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)--
* * * * * * *
(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.] or the Commission; and
(E) the Commission.
(b)(1) * * *
* * * * * * *
(4) De novo judicial determination.--A claimant may
bring a civil action in any United States district
court for a de novo determination of a claim under
paragraph (1) if the Secretary does not--
(A) issue a final decision relating to the
claim within 1 year after the date on which a
complaint is filed; and
(B) establish that a delay described in
subparagraph (A) is caused by bad faith of the
claimant.
* * * * * * *
SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
(a) Establishment.--There is established in the Commission
an Office of Nuclear Security and Incident Response (referred
to in this section as the `Office').
(b) Director.--
(1) In general.--The Office shall be headed by a
Director of Nuclear Security and Incident Response
(referred to in this section as the `Director').
(2) Appointment.--The Director shall be appointed
by the Commission.
(3) Duties.--The Director shall--
(A) report to the Commission in accordance
with section 209; and
(B) perform such actions as the Commission
may delegate to the Director.
(4) Terms of service.--The Director shall serve at
the pleasure of, and be removable by, the Commission.
* * * * * * *
----------
LOW-LEVEL RADIOACTIVE WASTE POLICY ACT
An Act to set forth a Federal policy for the disposal of low-level
radioactive wastes, and for other purposes
* * * * * * *
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) * * *
* * * * * * *
(9) Low-level radioactive waste.--[The term]
(A) In general.--The term ``low-level
radioactive waste'' means radioactive material
that--
[(A)] (i) is not high-level
radioactive waste, spent nuclear fuel,
or byproduct material (as defined in
section 11e.(2) of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(e)(2)));
and
[(B)] (ii) the Nuclear Regulatory
Commission, consistent with existing
law and in accordance with paragraph
(A), classifies as low-level
radioactive waste.
(B) Exclusion.--The term `low-level
radioactive waste' does not include byproduct
material (as defined in paragraphs (3) and (4)
of section 11 e. of the Atomic Energy Act of
1954 (42 U.S.C. 2014(e)).
* * * * * * *
----------
REORGANIZATION PLAN NO. 1 OF 1980
* * * * * * *
Nuclear Regulatory Commission
Sec. 1. (a) * * *
* * * * * * *
(b)(1) * * *
* * * * * * *
(2) With respect to the following officers or
successor officers duly established by statute or by
the Commission, the Chairman, after consultation with
the Executive Director for Operations, shall initiate
the appointment, subject to the approval of the
Commission, and the Chairman, or a member of the
Commission may initiate an action for removal, subject
to the approval of the Commission:
(i) Director of Nuclear Reactor Regulation,
(ii) Director of Nuclear Material Safety
and Safeguards,
(iii) Director of Nuclear Regulatory
Research,
(iv) Director of Nuclear Security and
Incident Response;
[(iv)] (v) Director of Inspection and
Enforcement,
[(v)] (vi) Director of Standards
Development.
* * * * * * *