108th CONGRESS
1st Session
S. 6
To enhance homeland security and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 7, 2003
Mr. DASCHLE (for himself, Mr. KENNEDY, Mr. BIDEN, Mr. LEAHY, Mr. LEVIN, Mr.
ROCKEFELLER, Mr. LIEBERMAN, Mr. AKAKA, Mrs. MURRAY, Mr. DURBIN, Mr. SCHUMER,
Mrs. CLINTON, Mr. CORZINE, Ms. STABENOW, Mr. JEFFORDS, and Mr. REID) introduced
the following bill; which was read twice and referred to the Committee on
the Judiciary
A BILL
To enhance homeland security and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Comprehensive Homeland Security
Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS
Sec. 1001. Short title; table of contents.
Sec. 1004. First Responders Partnership Grant Program for Public Safety
Officers.
Sec. 1006. Authorization of appropriations.
TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
Sec. 2001. Staffing for adequate fire and emergency response.
Sec. 2002. Conforming amendment.
TITLE III--SENSITIVE NUCLEAR FACILITIES
Sec. 3003. Nuclear facility security.
Sec. 3004. Office of nuclear security and incident response.
Sec. 3005. Carrying of weapons by licensee employees.
Sec. 3006. Sensitive radioactive material security.
Sec. 3007. Unauthorized introduction of dangerous weapons.
Sec. 3008. Sabotage of nuclear facilities or fuel.
Sec. 3009. Evaluation of adequacy of enforcement provisions.
Sec. 3010. Protection of whistleblowers.
Sec. 3011. Technical and conforming amendment.
Sec. 3012. Authorization of appropriations.
TITLE IV--RAIL SECURITY ACT
Sec. 4002. Emergency Amtrak assistance.
Sec. 4003. Rail security.
Sec. 4004. Rail transportation security risk assessment.
TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT
Sec. 5002. Protection from terrorist and other harmful intentional acts.
Sec. 5003. Research and review.
Sec. 5004. Refinement of vulnerability assessment tools for publicly owned
treatment works.
TITLE VI--ENHANCING BORDER SECURITY
Subtitle A--Immigration and Naturalization Service
Sec. 6101. Additional personnel at the Immigration and Naturalization Service.
Sec. 6102. Technological improvements by the INS to improve border security.
Subtitle B--United States Customs Service
Sec. 6201. Additional personnel at the United States Customs Service.
Sec. 6202. Technological improvements by the Customs Service to improve
border security.
Subtitle C--Bureau of Border Security
Sec. 6301. Additional personnel at the Bureau of Border Security.
Sec. 6302. Technological improvements by the Bureau of Border Security to
improve border security.
TITLE VII--PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS
Sec. 7001. Sense of Congress on smallpox vaccination.
Sec. 7002. Aid to States for smallpox vaccination programs.
Sec. 7003. Smallpox vaccine injury compensation program.
Sec. 7004. Increase in authorizations for bioterrorism security and preparedness.
TITLE VIII--INFORMATION SECURITY
Subtitle A--Information Technology Fund to Enhance Homeland Defense, Information
Security, and Defenses Against Other Threats
Sec. 8101. Establishment of fund.
Sec. 8102. Selection procedures.
Sec. 8103. Administration of fund.
Sec. 8104. Report to Congress.
Sec. 8105. Authorization of appropriations.
Subtitle B--Protection of Voluntarily Furnished Confidential Information
Sec. 8202. Protection of confidential information.
Sec. 8203. Report to Congress.
Sec. 8204. Amendments to Homeland Security Act of 2002.
Subtitle C--Interoperability of Information Systems
Sec. 8301. Interoperability of information systems.
TITLE IX--WEAPONS OF MASS DESTRUCTION
Sec. 9001. Security of certain radiological and nuclear materials.
Sec. 9002. Assistance for International Atomic Energy Agency regarding safeguard
and inspection of nuclear facilities abroad.
Sec. 9003. Assistance for International Atomic Energy Agency to counter
nuclear terrorism.
Sec. 9004. Acceleration and expansion of materials protection, control,
and accounting program.
Sec. 9005. Border security and export control.
Sec. 9006. Reuse of Russian nuclear facilities.
Sec. 9007. Research and development involving alternative use of weapons
of mass destruction expertise.
Sec. 9008. Expansion initiatives for proliferation prevention program.
Sec. 9009. Acceleration of highly enriched uranium disposition program.
Sec. 9010. Acceleration of destruction of chemical weapons facilities and
infrastructure.
Sec. 9011. Acceleration of biological materials protection, control, and
accounting program.
Sec. 9012. Russian tactical nuclear weapons.
Sec. 9013. Authorization of use of cooperative threat reduction funds for
projects and activities outside the former Soviet Union.
Sec. 9014. Repeal of certain limitations on uses of funds.
TITLE X--INTELLIGENCE
Subtitle A--Intelligence Community Leadership
Sec. 10002. Reorganization and improvement of management of intelligence
community.
Sec. 10003. Ten-year term of service for the Director of National Intelligence.
Sec. 10004. Executive schedule matters.
Sec. 10005. Conforming and clerical amendments.
Subtitle B--Other Matters
Sec. 10011. Discharge of certain intelligence activities by the Department
of Homeland Security.
TITLE XI--CHEMICAL SECURITY
Sec. 11004. Designation of and requirements for high priority categories.
Sec. 11006. Recordkeeping and entry.
Sec. 11008. No effect on requirements under other law.
Sec. 11009. Authorization of appropriations.
TITLE XII--HOME SECURITY FUNDING
Sec. 12001. Homeland security funding.
TITLE XIII--SUPPORT FOR LAW ENFORCEMENT
Sec. 13002. Authorizations.
Sec. 13003. Rural law enforcement retention grant program.
Sec. 13004. Rural law enforcement technology grant program.
Sec. 13005. Rural 9-1-1 service.
TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS
SEC. 1001. SHORT TITLE.
This title may be cited as the `First Responders Partnership Grant Act of
2003'.
SEC. 1002. PURPOSE.
The purpose of this Act is to support first responders to protect homeland
security and prevent and respond to acts of terrorism.
SEC. 1003. DEFINITIONS.
(1) INDIAN TRIBE- The term `Indian tribe' has the same meaning as in section
4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e)).
(2) LAW ENFORCEMENT OFFICER- The term `law enforcement officer' means any
officer, agent, or employee of a State, unit of local government, or Indian
tribe authorized by law or by a government agency to engage in or supervise
the prevention, detection, or investigation of any violation of criminal
law, or authorized by law to supervise sentenced criminal offenders.
(3) PUBLIC SAFETY OFFICER- The term `public safety officer' means any person
serving a public
agency with or without compensation as a law enforcement officer, as a firefighter,
or as a member of a rescue squad or ambulance crew.
(4) STATE- The term `State' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
(5) UNIT OF LOCAL GOVERNMENT- The term `unit of local government' means
a county, municipality, town, township, village, parish, borough, or other
unit of general government below the State level.
SEC. 1004. FIRST RESPONDERS PARTNERSHIP GRANT PROGRAM FOR PUBLIC SAFETY
OFFICERS.
(a) IN GENERAL- The Director of the Bureau of Justice Assistance is authorized
to make grants to States, units of local government, and Indian tribes to
support public safety officers in their efforts to protect homeland security
and prevent and respond to acts of terrorism.
(b) USES OF FUNDS- Grants awarded under this section shall be--
(1) distributed directly to the State, unit of local government, or Indian
tribe; and
(2) used to fund equipment, training, and facilities to support public safety
officers in their efforts to protect homeland security and prevent and respond
to acts of terrorism.
(c) MINIMUM AMOUNT- Unless all eligible applications submitted by any State
or unit of local government within such State for a grant under this section
have been funded, such State, together with grantees within the State (other
than Indian tribes), shall be allocated in each fiscal year under this section
not less than 0.75 percent of the total amount appropriated in the fiscal
year for grants pursuant to this section, except that the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands shall each
be allocated 0.25 percent.
(d) MAXIMUM AMOUNT- A qualifying State, unit of local government, or Indian
tribe may not receive more than 5 percent of the total amount appropriated
in each fiscal year for grants under this section, except that a State, together
with the grantees within the State may not receive more than 20 percent of
the total amount appropriated in each fiscal year for grants under this section.
(e) MATCHING FUNDS- The portion of the costs of a program provided by a grant
under subsection (a) may not exceed 90 percent. Any funds appropriated by
Congress for the activities of any agency of an Indian tribal government or
the Bureau of Indian Affairs performing law enforcement functions on any Indian
lands may be used to provide the non-Federal share of a matching requirement
funded under this subsection.
SEC. 1005. APPLICATIONS.
(a) IN GENERAL- To request a grant under this title, the chief executive of
a State, unit of local government, or Indian tribe shall submit an application
to the Director of the Bureau of Justice Assistance in such form and containing
such information as the Director may reasonably require.
(b) REGULATIONS- Not later than 90 days after the date of enactment of this
Act, the Director of the Bureau of Justice Assistance shall promulgate regulations
to implement this section (including the information that must be included
and the requirements that the States, units of local government, and Indian
tribes must meet) in submitting the applications required under this section.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title, $4,000,000,000
for each of the fiscal years 2003 through 2005.
TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
SEC. 2001. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.
Title III of the Workforce Investment Act of 1998 (Public Law 105-220; 112
Stat. 1080) is amended by adding at the end the following:
`Subtitle E--Staffing for Adequate Fire and Emergency Response
`SEC. 351. SHORT TITLE.
`This subtitle may be cited as the `Staffing for Adequate Fire and Emergency
Response Act of 2003' or as the `SAFER Act of 2003'.
`SEC. 352. PURPOSES.
`The purposes of this subtitle are--
`(1) to expand on the firefighter assistance grant program under section
33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229),
in order to ensure adequate funding to increase the number of firefighting
personnel throughout the Nation;
`(2) to substantially increase the hiring of firefighters so that communities
can--
`(A) meet industry minimum standards for providing adequate protection
from acts of terrorism and hazards; and
`(B) enhance the ability of firefighter units to save lives, save property,
and effectively respond to all types of emergencies; and
`(3) to promote that substantial increase in hiring by establishing a program
of grants, authorized for 7 years, to provide direct funding to States,
units of local government, and Indian tribal organizations for firefighter
salaries and benefits.
`SEC. 353. DEFINITIONS.
`(1) ELIGIBLE ENTITY- The term `eligible entity' means--
`(A) a State, a unit of local government, a tribal organization, or another
public entity; or
`(B) a multi-jurisdictional or regional consortia of entities described
in subparagraph (A).
`(2) FIREFIGHTER- The term `firefighter' has the meaning given the term
`employee in fire protection activities' in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
`(3) INDIAN TRIBE; TRIBAL ORGANIZATION- The terms `Indian tribe' and `tribal
organization' have the meanings given the terms in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b).
`(4) SECRETARY- The term `Secretary' means the Secretary of Labor, acting
after consultation with the Director of the Federal Emergency Management
Agency.
`(5) STATE- The term `State' means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
`SEC. 354. AUTHORITY TO MAKE GRANTS.
`(a) DEFINITION- In this section, the term `qualifying entity', used with
respect to a fiscal year, means any eligible entity (including a State) that
has submitted an application under section 355 for the fiscal year that meets
the requirements of this subtitle and such additional requirements as the
Secretary may prescribe.
`(b) GRANT AUTHORIZATION- The Secretary may make grants to eligible entities
to pay for the Federal share of the cost of carrying out projects to hire
firefighters.
`(1) AMOUNT- For any fiscal year, the Secretary shall ensure that the qualifying
entities in each State shall receive, through grants made under this section,
a total amount that is not less than 1/2 of 1 percent of the amount appropriated
under section 362 for the fiscal year.
`(2) EXCEPTION- Paragraph (1) shall not apply for a fiscal year if the Secretary
makes a grant under this section to every qualifying entity for the fiscal
year.
`(d) GRANT PERIODS- The Secretary may make grants under this section for periods
of 3 years.
`(1) IN GENERAL- The Federal share of the cost of carrying out a project
to hire firefighters under this subtitle shall be not more than 75 percent.
`(2) NON-FEDERAL SHARE- The non-Federal share shall be provided--
`(B) in the case of a State or unit of local government, from assets received
through an asset forfeiture program; or
`(C) in the case of a tribal organization or the Bureau of Indian Affairs,
from any Federal funds made available for firefighting functions to assist
an Indian tribe.
`(3) WAIVER- The Secretary may waive the requirements of paragraphs (1)
and (2) for an eligible entity.
`SEC. 355. APPLICATIONS.
`(a) IN GENERAL- To be eligible to receive a grant under this subtitle, an
entity shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may prescribe.
`(b) CONTENTS- Each such application shall--
`(1) include a long-term strategy and detailed implementation plan, for
the hiring to be conducted under the grant, that reflects consultation with
community groups and appropriate private and public agencies and reflects
consideration of a statewide strategy for such hiring;
`(2) specify the reasons why the entity is unable to hire sufficient firefighters
to address the entity's needs, without Federal assistance;
`(3)(A) specify the average number of firefighters employed by the entity
during the fiscal year prior to the fiscal year for which the application
is submitted; and
`(B) outline the initial and planned level of community support for implementing
the strategy and plan, including the level of financial and in-kind contributions
or other tangible commitments;
`(4)(A) specify plans for obtaining necessary support and continuing the
employment of a greater number of firefighters than the number specified
under paragraph (3)(A), following the conclusion of Federal assistance under
this subtitle; and
`(B) include an assurance that the entity will continue the employment of
firefighters hired with funds made available through the grant for at least
1 year after the end of the grant period; and
`(5) include assurances that the entity will, to the extent practicable,
seek, recruit, and hire members of racial and ethnic minority groups and
women in order to increase the ranks of minorities and women within the
entity's firefighter units.
`(c) SMALL JURISDICTIONS- Notwithstanding any other provision of this subtitle,
the Secretary may waive 1 or more of the requirements of subsection (b), and
may make special provisions to facilitate the expedited submission, processing,
and approval of an application under this section, for an eligible entity
that is a unit of local government, or an eligible entity serving a fire district,
that has jurisdiction over an area with a population of less than 50,000.
`(d) PREFERENCE- In awarding grants under this subtitle, the Secretary--
`(1) shall give preference to a unit of local government; and
`(2) may give preference, where feasible, to an eligible entity that submits
an application containing a plan that--
`(A) provides for hiring (including rehiring) career firefighters; and
`(B) requires the entity to contribute a non-Federal share of more than
25 percent of the cost of carrying out a project to hire the firefighters.
`(e) STATE AND LOCAL APPLICATIONS- If a unit of local government for a community,
and the State in which the community is located, submit applications under
this section for a fiscal year to carry out a project in a community, and
the unit of local government and State are qualifying entities under section
354(a), the Secretary--
`(1) shall make a grant under this subtitle to the unit of local government
for that year; and
`(2) shall not make a grant under this subtitle to the State to carry out
a project in that community for that year.
`SEC. 356. USE OF FUNDS.
`(a) IN GENERAL- An eligible entity that receives a grant under this subtitle
shall use the funds made available through the grant to hire career firefighters.
The funds may only be used to increase the number of firefighters employed
by the agency from the number specified under section 355(b)(3)(A). The funds
may be used for salaries and benefits for the firefighters.
`(1) FISCAL YEAR 2003- For fiscal year 2003, in hiring any 1 firefighter,
the entity may not use more than $90,000 of such funds.
`(2) SUBSEQUENT YEARS- For each subsequent fiscal year, in hiring any 1
firefighter, the entity may not use more than $90,000 of such funds, increased
or decreased by the same percentage as the percentage by which the Consumer
Price Index for All Urban Consumers (United States city average), published
by the Secretary of Labor, has increased or decreased by September of the
preceding fiscal year from such Index for September 2002.
`(3) WAIVERS- The Secretary may waive the requirements of paragraph (1)
or (2) for an eligible entity.
`(c) SUPPLEMENT, NOT SUPPLANT- Funds appropriated pursuant to the authority
of this subtitle shall be used to supplement and not supplant other Federal,
State, and local public funds expended to hire firefighters.
`SEC. 357. TECHNICAL ASSISTANCE.
`The Secretary may provide technical assistance to eligible entities to further
the purposes of this Act.
`SEC. 358. MONITORING AND EVALUATIONS.
`(a) MONITORING COMPONENTS- Each project funded through a grant made under
this subtitle shall contain a monitoring component, developed pursuant to
regulations established by the Secretary. The monitoring required by this
subsection shall include systematic identification and collection of data
about the project throughout the period of the project and presentation of
such data in a usable form.
`(b) EVALUATION COMPONENTS- The Secretary may require that selected grant
recipients under this subtitle conduct local evaluations or participate in
a national evaluation, pursuant to regulations established by the Secretary.
Such local or national evaluations may include assessments of the implementation
of different projects. The Secretary may require selected grant recipients
under this subtitle to conduct local outcome evaluations to determine the
effectiveness of projects under this subtitle.
`(c) PERIODIC REPORTS- The Secretary may require a grant recipient under this
subtitle to submit to the Secretary the results of the monitoring and evaluations
required under subsections (a) and (b) and such other data and information
as the Secretary determines to be reasonably necessary.
`(d) REVOCATION OR SUSPENSION OF FUNDING- If the Secretary determines, as
a result of the monitoring or evaluations required by this section, or otherwise,
that a grant recipient under this subtitle is not in substantial compliance
with the terms and requirements of an approved grant application submitted
under section 355, the Secretary may revoke the grant or suspend part or all
of the funding provided under the grant.
`SEC. 359. ACCESS TO DOCUMENTS.
`For the purpose of conducting an audit or examination of a grant recipient
that carries out a project under this subtitle, the Secretary and the Comptroller
General of the United States shall have access to any pertinent books, documents,
papers, or records of the grant recipient and any State or local government,
person, business, or other entity, that is involved in the project.
`SEC. 360. REPORT TO CONGRESS.
`Not later than September 30, 2009, the Secretary shall submit a report to
Congress concerning the experiences of eligible entities in carrying out projects
under this subtitle, and the effects of the grants made under this subtitle.
The report may include recommendations for such legislation as the Secretary
may consider to be appropriate, which may include reauthorization of this
subtitle.
`SEC. 361. REGULATIONS.
`The Secretary may issue regulations to carry out this subtitle.
`SEC. 362. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- There is authorized to be appropriated to carry out this
subtitle--
`(1) $1,000,000,000 for fiscal year 2003;
`(2) $1,030,000,000 for fiscal year 2004;
`(3) $1,061,000,000 for fiscal year 2005;
`(4) $1,093,000,000 for fiscal year 2006;
`(5) $1,126,000,000 for fiscal year 2007;
`(6) $1,159,000,000 for fiscal year 2008; and
`(7) $1,194,000,000 for fiscal year 2009.
`(b) AVAILABILITY- Funds appropriated under subsection (a) for a fiscal year
shall remain available until the end of the second succeeding fiscal year.'.
SEC. 2002. CONFORMING AMENDMENT.
The table of contents in section 1(b) of the Workforce Investment Act of 1998
(Public Law 105-220; 112 Stat. 936) is amended, in the items relating to title
III, by adding at the end the following:
`Subtitle E--Staffing for Adequate Fire and Emergency Response
`Sec. 351. Short title.
`Sec. 352. Purposes.
`Sec. 353. Definitions.
`Sec. 354. Authority to make grants.
`Sec. 355. Applications.
`Sec. 356. Use of funds.
`Sec. 357. Technical assistance.
`Sec. 358. Monitoring and evaluations.
`Sec. 359. Access to documents.
`Sec. 360. Report to Congress.
`Sec. 361. Regulations.
`Sec. 362. Authorization of appropriations.'.
TITLE III--SENSITIVE NUCLEAR FACILITIES
SECTION 3001. SHORT TITLE.
This title may be cited as the `Nuclear Security Act of 2003'.
SEC. 3002. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended--
(1) by redesignating subsection jj. as subsection ii.; and
(2) by adding at the end the following:
`(jj) HOMELAND SECURITY OFFICER- The term `Homeland Security Officer' means
a Federal official with responsibility for coordinating efforts to maintain
homeland security against acts of terrorism, and designated by the President
to perform the duties of the Homeland Security Officer under this Act.
`(kk) PRIVATE SECURITY FORCE- The term `private security force', with respect
to a sensitive nuclear facility, means personnel hired or contracted by the
licensee of the sensitive nuclear facility to provide security at the sensitive
nuclear facility.
`(ll) SENSITIVE NUCLEAR FACILITY-
`(1) IN GENERAL- The term `sensitive nuclear facility' means a facility
licensed by the Commission (or the portion of a facility used in the conduct
of an activity licensed by the Commission).
`(2) INCLUSIONS- The term `sensitive nuclear facility' includes--
`(A) an operating commercial nuclear power plant;
`(B) an independent spent fuel storage facility;
`(C) a commercial nuclear power plant that is being decommissioned or
a portion of a commercial nuclear power plant that contains material licensed
by the Commission;
`(D) a category I fuel cycle facility; and
`(E) a gaseous diffusion plant.'.
SEC. 3003. NUCLEAR FACILITY SECURITY.
(a) IN GENERAL- Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201
et seq.) is amended by adding at the end the following:
`SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES.
`(a) DEFINITIONS- In this section:
`(1) ANTITERRORISM TEAM- The term `antiterrorism team' means the Nuclear
Infrastructure Antiterrorism Team established under subsection (h).
`(2) FEDERAL SECURITY COORDINATOR- The term `Federal security coordinator'
means the Federal security coordinator assigned to a sensitive nuclear facility
under subsection (k).
`(3) TASK FORCE- The term `task force' means the task force on nuclear infrastructure
security established by subsection (b).
`(4) THREAT- The term `threat' means a threat identified under subsection
(c).
`(5) THREAT LEVEL- The term `threat level' means a threat level determined
under subsection (d).
`(b) TASK FORCE ON NUCLEAR INFRASTRUCTURE SECURITY-
`(1) ESTABLISHMENT- There is established a task force on nuclear infrastructure
security.
`(2) MEMBERSHIP- The task force shall be comprised of--
`(A) the chairman of the Commission, who shall serve as chairperson of
the task force;
`(B) the Secretary of Defense;
`(C) the Secretary of Transportation;
`(D) the Administrator of the Environmental Protection Agency;
`(E) the Attorney General;
`(F) the Secretary of State;
`(G) the Director of the Central Intelligence Agency;
`(H) the Secretary of Health and Human Services;
`(I) the Director of the Federal Emergency Management Agency; and
`(J) the Homeland Security Officer.
`(A) IN GENERAL- The task force, in consultation with other Federal, State,
and local agencies, stakeholders, and members of the public, as appropriate,
shall examine the protection of sensitive nuclear facilities from potential
terrorist threats.
`(i) IN GENERAL- The task force shall examine--
`(I) the classification of threats as--
`(aa) an act--
`(AA) by an enemy of the United States (whether a foreign government or other
person); or
`(BB) otherwise falling under the responsibilities of the Federal Government;
or
`(bb) an act involving a type of risk that the licensees of the Commission
should be responsible for guarding against;
`(II) coordination of Federal, State, and local security efforts for
protection of land, water, and ground access to sensitive nuclear
facilities in the event of a terrorist attack or attempted terrorist
attack;
`(III) the adequacy of existing emergency planning zones to protect
the public health and safety in the event of a terrorist attack against
a sensitive nuclear facility;
`(IV) the adequacy and coordination of Federal, State, and local emergency
planning, evacuation, and other measures to protect the public health
and safety in the event of a terrorist attack against a sensitive
nuclear facility;
`(V) the threats that sensitive nuclear facilities must protect against
to prevent acts of radiological sabotage and theft of special nuclear
material;
`(VI) the system of threat levels, consistent with the Homeland Security
Advisory System, used to categorize the threats against a sensitive
nuclear facility, including--
`(aa) procedures to ensure coordinated Federal, State, and local
responses to changing threat levels for sensitive nuclear facilities;
`(bb) monitoring of threats against sensitive nuclear facilities;
and
`(cc) procedures to notify licensees of a sensitive nuclear facility
of changes in threat levels;
`(VII) the development, implementation, and revision of security plans
for sensitive nuclear facilities;
`(VIII) the establishment of the antiterrorism team under subsection
(h);
`(IX) the hiring and training standards for members of private security
forces at sensitive nuclear facilities, in accordance with subsection
(i);
`(X) the coordination of Federal resources to expedite and improve
the process of performing background checks on employees with access
to sensitive nuclear facilities; and
`(XI) the creation 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 a sensitive nuclear facility, including recommendations for
the establishment of a grant program for State and local governments
to carry out any recommended requirements under this section.
`(ii) THREATS- The threats to be examined include--
`(I) threats comparable to the events of September 11, 2001;
`(II) cyber or biochemical threats;
`(III) attacks on a sensitive nuclear facility by multiple coordinated
teams of a large number of individuals;
`(IV) attacks from several persons employed at the sensitive nuclear
facility, some of whom may have sophisticated knowledge of the operations
of the sensitive nuclear facility;
`(V) attacks from individuals willing to commit suicide to carry out
the attacks;
`(VI) water-based and air-based attacks;
`(VII) attacks using explosive devises of considerable size and modern
weaponry;
`(VIII) fire, especially fire of long duration; and
`(IX) any combination of those threats.
`(A) IN GENERAL- Not later than 120 days after the date of enactment of
this section, the task force shall submit to the President and Congress,
in classified form and unclassified form, a report with recommendations
and findings.
`(B) REVISION- The task force shall revise the recommendations periodically,
but not less than once every 3 years.
`(c) THREATS TO SENSITIVE NUCLEAR FACILITIES-
`(1) IN GENERAL- Not later than 150 days after the task force submits the
report under subsection (b)(4), the Commission shall promulgate regulations,
based on and consistent with the findings and recommendations of the task
force, identifying the threats that sensitive nuclear facilities must protect
against to prevent acts of radiological sabotage and the theft of special
nuclear material at sensitive nuclear facilities.
`(2) PROTECTION OF SAFEGUARDS INFORMATION- In promulgating regulations under
this subsection, the Commission shall ensure protection of safeguards information
in accordance with section 147.
`(d) THREAT LEVELS- Not later than 150 days after the task force submits the
report under subsection (b)(4), the Commission shall promulgate regulations,
based on and consistent with the findings and recommendations of the task
force, establishing a system for the determination of multiple threat levels
to describe the threat conditions at sensitive nuclear facilities.
`(1) IN GENERAL- Not later than 1 year after the date on which the Commission
establishes the threats under subsection (c), the Commission shall review,
based on and consistent with the findings and recommendations of the task
force, the security plan for each sensitive nuclear facility to ensure that
each sensitive nuclear facility protects against those threats.
`(2) ASPECTS OF REVIEW- The Commission shall ensure that the security plan
provides for--
`(A) the deployment and capabilities of the private security force at
the sensitive nuclear facility for each threat level;
`(B) coordination between the private security force and the antiterrorism
team for the sensitive nuclear facility, as appropriate for each threat
level;
`(C) secure operation of vital equipment, such as control room equipment
and backup warning systems;
`(D) access restrictions;
`(E) security cameras, fire protection barriers, and other physical security
measures;
`(F) protection of spent fuel, including options such as placement of
spent fuel in dry cask storage;
`(G) background security checks for employees and prospective employees;
and
`(H) coordination among licensees of sensitive nuclear facilities and
appropriate Federal, state, and local emergency response personnel.
`(3) SCHEDULE- The Commission shall establish a priority schedule for conducting
reviews of security plans based on the vulnerability of each sensitive nuclear
facility and the proximity of the sensitive nuclear facility to large population
areas.
`(A) IN GENERAL- Not later than 30 days after the review of each security
plan, the Commission shall submit to Congress and the licensee of each
sensitive nuclear facility recommendations, findings, and a schedule for
implementation of changes to security that shall be made not later than
18 months after completion of the review of the security plan.
`(B) FORM- The report submitted to Congress under subparagraph (A) shall
be submitted in classified and unclassified form.
`(5) UPGRADES TO SECURITY PLAN- Not later than 30 days after the review
of each security plan, the Commission shall ensure that the licensee of
each sensitive nuclear facility revises, as necessary, its security plan
consistent with the findings under paragraph (4).
`(6) UPGRADES TO SECURITY- The Commission shall ensure that the licensee
of each sensitive nuclear facility makes any changes to security required
by the security plan according to the Commission schedule.
`(f) EMERGENCY RESPONSE PLANS-
`(1) IN GENERAL- Not later than 150 days after the task force submits the
report under subsection (b)(4), the Commission shall review, based on and
consistent with the findings and recommendations of the task force, the
emergency response plans for each sensitive nuclear facility to ensure that
each emergency response plan provides protection for persons living in the
emergency response planning zones.
`(2) ASPECTS OF REVIEW- The Commission shall ensure that each emergency
response plan provides for--
`(A) the protection of public health and safety, including the ability
to implement protective measures;
`(B) clear definition and assignment of responsibilities of emergency
response personnel;
`(C) notification procedures;
`(D) communication and coordination among emergency response personnel;
`(E) dissemination of information to the public, including both pre-emergency
education and in the event of a radiological emergency;
`(F) adequate emergency facilities and equipment at and around the sensitive
nuclear facility;
`(G) the use of methods, systems, and equipment for assessing and monitoring
actual or potential impacts of a radiological emergency;
`(H) appropriate evacuation and sheltering and the prophylactic use of
potassium iodide;
`(I) means for controlling radiological exposures;
`(J) appropriate medical services;
`(K) plans for recovery and reentry; and
`(L) radiological emergency response training.
`(3) SCHEDULE- The Commission shall establish a priority schedule for conducting
reviews of emergency response plans for sensitive nuclear facilities based
on the relative degrees of vulnerability of sensitive nuclear facilities
and the proximity of sensitive nuclear facilities to large population areas.
`(A) IN GENERAL- Not later than 30 days after the review of each emergency
response plan, the Commission shall submit to Congress and the licensee
of each sensitive nuclear facility recommendations and findings.
`(B) FORM- The report submitted to Congress under subparagraph (A) shall
be submitted in classified and unclassified form.
`(5) UPGRADES TO EMERGENCY RESPONSE PLAN- Not later than 30 days after completion
of the review of each emergency response plan, the Commission shall ensure
that the licensee of each sensitive nuclear facility revises, as necessary,
the emergency response plan for the sensitive nuclear facility consistent
with the findings under paragraph (4).
`(g) FEDERAL COORDINATION- Not later than 90 days after the task force submits
the report under subsection (b)(4), the Commission shall promulgate regulations,
based on and consistent with the findings and recommendations of the task
force, establishing the circumstances under which the Commission shall request
the President to--
`(1) deploy the Coast Guard to a sensitive nuclear facility;
`(2) provide for the protection of air space in the vicinity of a sensitive
nuclear facility; or
`(3) deploy the antiterrorism team.
`(h) NUCLEAR INFRASTRUCTURE ANTITERRORISM TEAM-
`(1) ESTABLISHMENT- Not later than 1 year after the task force submits the
report under subsection (b)(4), the President shall establish, based on
and consistent with the findings and recommendations of the task force,
the Nuclear Infrastructure Antiterrorism Team.
`(2) PURPOSE- The purpose of the antiterrorism team shall be to provide
protection for the perimeter of sensitive nuclear facilities against the
threats identified under subsection (c), in coordination with other Federal,
State, local, and private entities, as appropriate, consistent with the
security plan for each sensitive nuclear facility.
`(1) IN GENERAL- Not later than 180 days after the task force submits the
report under subsection (b)(4)(B), the President shall establish, based
on and consistent with findings and recommendations of the task force, a
program to provide technical assistance and training for the National Guard
and State and local law enforcement agencies in responding to threats against
a sensitive nuclear facility.
`(2) GRANTS- The President may provide grants, consistent with the findings
and recommendations of the task force, to State and local governments to
assist in carrying out this section.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as are necessary to carry out this subsection.
`(1) REVIEW- Not later than 90 days after the task force submits the report
under subsection (b)(4), the Commission, taking into consideration recommendations
of the task force, shall review and update the hiring and training standards
for employees of a sensitive nuclear facility.
`(2) CRIMINAL AND SECURITY BACKGROUND CHECKS- The Commission shall require
that--
`(A) each employee at a sensitive nuclear facility pass a criminal and
security background check; and
`(B) criminal and security background checks be updated on a periodic
basis, as appropriate.
`(3) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT NATIONAL SECURITY RISKS-
The Commission, based on and consistent with the findings and recommendations
of the task force, shall establish qualifications and procedures, in addition
to any criminal and security background check conducted under paragraph
(2), to ensure that no individual who presents a threat to national security
is employed at a sensitive nuclear facility.
`(k) FEDERAL SECURITY COORDINATORS-
`(1) IN GENERAL- Not later than 120 days after the task force submits the
report under subsection (b)(4), the Commission, based on and consistent
with findings and recommendations of the
task force, shall promulgate regulations for the hiring and training of Federal
security coordinators.
`(2) ASSIGNMENT OF FEDERAL SECURITY COORDINATORS- Not later than 60 days
after the Commission promulgates regulations under paragraph (1), the Commission
shall assign a Federal security coordinator, under the employment of the
Commission, at each sensitive nuclear facility.
`(3) 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 the sensitive
nuclear facility;
`(B) ensuring that the sensitive nuclear facility maintains security consistent
with the security plan in accordance with the appropriate threat level;
and
`(C) ensuring full and active coordination of security measures among--
`(i) the private security force at the sensitive nuclear facility;
`(ii) the antiterrorism team; and
`(iii) other Federal, State, and local authorities, as appropriate.
`(l) CLASSIFIED INFORMATION- Nothing in this section shall be construed to
supersede any existing law (including a regulation) governing the disclosure
of classified information or safeguards information.'.
SEC. 3004. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
(a) IN GENERAL- Title II of the Energy Reorganization Act of 1974 (42 U.S.C.
5841 et seq.) is amended by adding at the end the following:
`SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
`(a) DEFINITIONS- In this section:
`(1) ANTITERRORISM TEAM- The term `antiterrorism team' has the meaning given
the term in section 170C(a) of the Atomic Energy Act of 1954.
`(2) ASSISTANT DIRECTOR- The term `Assistant Director' means the Assistant
Director for Security Response.
`(3) DIRECTOR- The term `Director' means the Director of Nuclear Security
and Incident Response appointed under subsection (c).
`(4) MOCK TERRORIST TEAM- The term `mock terrorist team' means the mock
terrorist team described in subsection (d)(3).
`(5) OFFICE- The term `Office' means the Office of Nuclear Security and
Incident Response established by subsection (b).
`(6) SENSITIVE NUCLEAR FACILITY- The term `sensitive nuclear facility' has
the meaning given the term in section 11 of the Atomic Energy Act of 1954
(42 U.S.C. 2014).
`(7) THREAT- The term `threat' has the meaning given the term in section
170C(a) of the Atomic Energy Act of 1954.
`(8) UNIT- The term `Unit' means the Security Response Unit established
under subsection (d)(1).
`(b) ESTABLISHMENT OF OFFICE- There is established in the Commission the Office
of Nuclear Security and Incident Response.
`(1) APPOINTMENT- The Commission may appoint and terminate a Director of
Nuclear Security and Incident Response to head the Office.
`(2) DUTIES- The Director shall perform any duties delegated by the Commission
to the Director, including--
`(A) carrying out security, safeguards, and incident responses relating
to--
`(i) any facility owned or operated by a Commission licensee or certificate
holder;
`(ii) any property owned or in the possession of a Commission licensee
or certificate holder that--
`(I) is significant to the common defense and security; or
`(II) is being transported to or from a facility described in clause
(i); and
`(iii) performing any other activity of a Commission licensee or certificate
holder that is significant to the common defense and security;
`(B) 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;
`(C) 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.);
`(D) developing and recommending standards and amendments to the standards
of the Commission relating to the duties described in subparagraphs (A)
through (C); and
`(E) carrying out any other safeguards and physical security functions
that the Commission determines to be appropriate.
`(3) CONSULTATION- In carrying out the duties under paragraph (2), the Director
shall, to the maximum extent practicable, consult and coordinate with--
`(A) other officers of the Commission; and
`(B) other Federal agencies.
`(d) SECURITY RESPONSE UNIT-
`(1) ESTABLISHMENT- There is established in the Office the Security Response
Unit.
`(2) HEAD OF UNIT- The Unit shall be headed by an Assistant Director for
Security Response.
`(3) MOCK TERRORIST TEAM- The personnel of the Unit shall include a mock
terrorist team comprised of--
`(A) a number of individuals, consistent with the threat, who have advanced
knowledge of special weapons and tactics comparable to special operations
forces of the Armed Forces;
`(B) nuclear engineers, as appropriate;
`(C) individuals with knowledge of the operations of the sensitive nuclear
facility who are capable of actively disrupting the normal operations
of the sensitive nuclear facility; and
`(D) any other individual that the Commission determines should be a member
of the mock terrorist team.
`(4) SECURITY RESPONSE EVALUATIONS-
`(A) 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 sensitive nuclear facility to defend
against the threats in accordance with the security plan for the sensitive
nuclear facility.
`(B) FREQUENCY OF EVALUATIONS- Not less than once every 3 years, the Commission
shall conduct and document security response evaluations at each sensitive
nuclear facility to assess the ability of the private security force,
in cooperation with the antiterrorism team, at
the sensitive nuclear facility to defend against the threat.
`(C) SECURITY EXEMPTION- The Commission may suspend activities under this
section if the Commission determines that the security response evaluations
would compromise security at any sensitive nuclear facility in accordance
with a heightened threat level.
`(D) ACTIVITIES- The security response evaluation shall include force-on-force
exercises by the mock terrorist team against the sensitive nuclear facility
that simulate air, water, and land assaults, as appropriate.
`(E) PERFORMANCE CRITERIA- The Commission shall establish performance
criteria for judging the security response evaluations.
`(i) IN GENERAL- When any of the performance criteria established under
subparagraph (E) are not satisfied--
`(I) the licensee 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 6 months to confirm that the licensee satisfies
the performance criteria established under subparagraph (E).
`(ii) 2 CONSECUTIVE FAILURES TO SATISFY ALL PERFORMANCE CRITERIA-
`(I) IN GENERAL- If a sensitive nuclear facility fails to satisfy
all of the performance criteria established under subparagraph (E)
in 2 consecutive security response evaluations, the Commission shall
issue an order specifying the corrective actions that must be taken
by the licensee of the sensitive nuclear facility.
`(II) FAILURE TO TAKE CORRECTIVE ACTION- If the licensee of a sensitive
nuclear facility does not take the corrective action specified by
the Commission within 30 days after the date of issuance of an order
under subclause (I), the Commission shall assess a civil penalty under
section 234.
`(G) 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 Director of the Federal Emergency Management Agency, shall conduct
emergency response exercises to evaluate the ability of Federal, State,
and local emergency response personnel to respond to a radiological emergency
at the sensitive nuclear facility in accordance with the emergency response
plans.
`(2) ACTIVITIES- The emergency response exercises shall evaluate--
`(A) the response capabilities, response times, and coordination and communication
capabilities of the response personnel;
`(B) the effectiveness and adequacy of emergency response and evacuation
plans; and
`(C) the availability of potassium iodide or other prophylactic medicines.
`(3) REVISION OF EMERGENCY RESPONSE PLANS- The Commission shall ensure that
the emergency response plan for a sensitive nuclear facility is revised
to correct for any deficiencies identified by an evaluation under this subsection.
`(4) REPORTS- Not less than once every year, the Commission shall submit
to the President and Congress a report, in classified form and unclassified
form, that describes--
`(A) the results of each emergency response exercise under this subsection
conducted in the previous year; and
`(B) each revision of an emergency response plan made under paragraph
(3) for the previous year.
`(f) EFFECT- Nothing in this section limits any authority of the Department
of Energy relating to the safe operation of facilities under the jurisdiction
of the Department.'.
(b) CONFORMING AMENDMENTS- Title II of the Energy Reorganization Act of 1974
is amended--
(1) in section 203(b) (42 U.S.C. 5843(b))--
(A) in paragraph (1), by striking `licensing and regulation involving'
and inserting `licensing, regulation, and, except as otherwise provided
under section 212, carrying out safety reviews, safeguards, and physical
security of'; and
(B) in paragraph (2), by striking `and safeguards'; and
(2) in section 204(b) (42 U.S.C. 5844(b))--
(i) by striking `including' and inserting `not including'; and
(ii) by striking `and materials.' and inserting `and materials, to the
extent that the safeguards and security functions are delegated to the
Office of Nuclear Security and Incident Response under section 212.';
and
(i) by striking `and safeguards'; and
(ii) by striking `, as amended,' and all that follows through the period
and inserting `(42 U.S.C. 2011 et seq.)'.
SEC. 3005. CARRYING OF WEAPONS BY LICENSEE EMPLOYEES.
Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et
seq.) (as amended by section 3003(a)) is amended--
(1) in section 161, by striking subsection k. and inserting the following:
`(1) to carry a firearm in the performance of official duties such of its
members, officers, and employees, such of the employees of its contractors
and subcontractors (at any tier) engaged in the protection of property under
the jurisdiction of the United States located at facilities owned by or
contracted to the United States or being transported to or from such facilities,
and such of the employees of persons licensed or certified by the Commission
(including employees of contractors of licensees or certificate holders)
engaged in the protection of facilities owned or operated by a Commission
licensee or certificate holder that are designated by the Commission or
in the protection of property of significance to the common defense and
security located at facilities owned or operated by a Commission licensee
or certificate holder or being transported to or from such facilities, as
the Commission considers necessary, in view
of site-specific conditions, in the interest of the common defense and security;
and
`(2) to carry and use any other weapons, devices, or ammunition in the performance
of officials duties, any employees of persons licensed or certified by the
Commission (including employees of contractors of licensees or certificate
holders) who are trained and qualified as guards and whose duty is the protection
of facilities or property described in paragraph (1), regardless of whether
the employees are Federal, State, or local law enforcement officers;' and
(2) by adding at the end the following:
`SEC. 170D. CARRYING OF WEAPONS.
`(a) AUTHORITY TO MAKE ARREST-
`(1) IN GENERAL- A person authorized under section 161k. to carry a firearm,
other weapon, device, or ammunition may, while in the performance of, and
in connection with, official duties, detain or arrest an individual without
a warrant for any offense against the United States committed in the presence
of the person or for any felony under the laws of the United States if the
person has a reasonable ground to believe that the individual has committed
or is committing such a felony.
`(2) LIMITATION- An employee of a contractor or subcontractor or of a Commission
licensee or certificate holder (or a contractor of a licensee or certificate
holder) authorized to make an arrest under paragraph (1) may make an arrest
only after the Commission, licensee, or certificate holder has applied for
and been granted authorization from the Commission--
`(A) when the individual is within, or is in flight directly from, the
area in which the offense was committed; and
`(B) in the enforcement of--
`(i) a law regarding the property of the United States in the custody
of the Department of Energy, the Commission, or a contractor of the
Department of Energy or Commission or a licensee or certificate holder
of the Commission;
`(ii) a law applicable to facilities owned or operated by a Commission
licensee or certificate holder that are designated by the Commission
under section 161k.;
`(iii) a law applicable to property of significance to the common defense
and security that is in the custody of a licensee or certificate holder
or a contractor of a licensee or certificate holder of the Commission;
or
`(iv) any provision of this Act that subjects an offender to a fine,
imprisonment, or both.
`(3) OTHER AUTHORITY- The arrest authority conferred by this section is
in addition to any arrest authority under other law.
`(A) IN GENERAL- The Secretary and the Commission, with the approval of
the Attorney General, shall issue guidelines to implement section 161k.
and this subsection.
`(B) EFFECTIVE DATE- The authority to carry and use weapons, devices,
or ammunition provided to employees described in section 161k.(2) and
the authority provided to those employees under this subsection shall
not be effective until the date on which guidelines issued under subparagraph
(A) become effective.'.
SEC. 3006. SENSITIVE RADIOACTIVE MATERIAL SECURITY.
(a) AMENDMENT- Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201
et seq.) (as amended by section 3006) is amended by adding at the end the
following:
`SEC. 170E. SENSITIVE RADIOACTIVE MATERIAL SECURITY.
`(a) DEFINITIONS- In this section:
`(1) SENSITIVE RADIOACTIVE MATERIAL-
`(A) IN GENERAL- The term `sensitive radioactive material' means--
`(I) that is a source material, byproduct material, or special nuclear
material; and
`(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, based on and consistent with the recommendations of the
task force, 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 based on and consistent with
the recommendations of the task force.
`(3) TASK FORCE- The term `task force' has the meaning given the term in
section 170C(a).
`(1) IN GENERAL- The task force shall--
`(A) evaluate the security of sensitive radioactive material against security
threats; and
`(B) recommend administrative and legislative actions to be taken to provide
the maximum practicable degree of security against security threats.
`(2) CONSIDERATIONS- In carrying out paragraph (1), the task force shall
make recommendations 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;
and
`(IV) 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) modify current export controls on sensitive radioactive materials
so that, to the extent feasible, exports from the United States of sensitive
radioactive materials are made only to foreign recipients that are willing
and able to control the sensitive radioactive materials in the same manner
as recipients in 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 licensees 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 90 days after the date of enactment of this section,
and not less frequently than once every 3 years thereafter, the task force
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 (b), the Commission shall, based on and consistent
with the recommendations of the task force, take such actions as are appropriate
to--
`(1) revise the system for licensing sensitive radioactive materials based
on and consistent with the recommendations of the task force; and
`(2) ensure that States that have entered into an agreement under section
274b. establish compatible programs in a timely manner.'.
SEC. 3007. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended
in the first sentence by inserting `or subject to the licensing authority
of the Commission or to certification by the Commission under this Act or
any other Act' before the period at the end.
SEC. 3008. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended--
(1) in the first sentence, by striking `or who intentionally and willfully
attempts' and inserting `or who attempts or conspires';
(2) in paragraph (2), by striking `storage facility' and inserting `storage,
treatment, or disposal facility';
(A) by striking `such a utilization facility' and inserting `a utilization
facility licensed under this Act'; and
(B) by striking `or' at the end;
(A) by striking `facility licensed' and inserting `or nuclear fuel fabrication
facility licensed or certified'; and
(B) by striking the period at the end and inserting `; or'; and
(5) by inserting after paragraph (4) the following:
`(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;'.
SEC. 3009. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.
Not later than 90 days after the date of enactment of this Act, the Attorney
General and the Nuclear Regulatory Commission shall submit to Congress a report
that assesses the adequacy of the criminal enforcement provisions in chapter
18 of the Atomic Energy Act of 1954 (42 U.S.C. 221 et seq.).
SEC. 3010. PROTECTION OF WHISTLEBLOWERS.
Section 211(a)(2) of the Energy Reorganization Act (42 U.S.C. 5851) is amended--
(1) in subparagraph (C), by striking `and' at the end;
(2) in subparagraph (D), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(E) a contractor or subcontractor of the Commission.'.
SEC. 3011. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011)
is amended--
(1) by inserting after the item relating to section 149 the following:
`Sec. 149A. Access to nuclear facilities.';
(2) by adding at the end of the item relating to chapter 14 the following:
`Sec. 170B. Uranium supply.
`Sec. 170C. Protection of sensitive nuclear facilities.
`Sec. 170D. Carrying of weapons.
`Sec. 170E. Sensitive Radioactive Material Security.'.
SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry
out this title.
TITLE IV--RAIL SECURITY ACT
SEC. 4001. SHORT TITLE.
This title may be cited as the `Rail Security Act of 2003'.
SEC. 4002. EMERGENCY AMTRAK ASSISTANCE.
(a) IN GENERAL- There are authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak--
(1) $515,000,000 for systemwide security upgrades, including the reimbursement
of extraordinary security-related costs determined by the Secretary to have
been incurred by Amtrak since September 11, 2001, and including the hiring
and training additional police officers, canine-assisted security units,
and surveillance equipment;
(2) $777,000,000 to be used to complete New York tunnel life safety projects
and rehabilitate tunnels in Washington, D.C., and Baltimore, Maryland; and
(3) $101,000,000 to be used for increasing the accessibility of Penn Station,
New York City.
(b) AVAILABILITY OF APPROPRIATED FUNDS- Amounts appropriated pursuant to subsection
(a) shall remain available until expended.
(c) PLAN REQUIRED- The Secretary may not make amounts available to Amtrak
for obligation or expenditure under subsection (a)--
(1) for implementing systemwide security upgrades until Amtrak has submitted
to the Secretary, and the Secretary has approved, a plan for such upgrades;
(2) for completing the tunnel life safety and rehabilitation projects until
Amtrak has submitted to the Secretary, and the Secretary has approved, an
engineering and financial plan for such projects;
(3) for completing the projects described in subsection (a)(3) until Amtrak
has submitted to the Secretary and the Secretary has approved, a plan for
such projects; and
(4) Amtrak has submitted to the Secretary such additional information as
the Secretary may require in order to ensure full accountability for the
obligation or expenditure of amounts made available to Amtrak for the purpose
for which the funds are provided.
(d) 50 Percent To Be Spent Outside the Northeast Corridor- The Secretary shall
ensure that up to 50 percent of the amounts appropriated pursuant to subsection
(a)(1) is obligated or expended for projects outside the Northeast Corridor.
(e) Assessments by DOT Inspector General-
(1) INITIAL ASSESSMENT- Within 60 days after the date of enactment of this
Act, the Inspector General of the Department of Transportation shall transmit
to the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
a report--
(A) identifying any overlap between capital projects for which funds are
provided under such funding documents, procedures, or arrangements and
capital projects included in Amtrak's 20-year capital plan; and
(B) indicating any adjustments that need to be made in that plan to exclude
projects for which funds are appropriated pursuant to subsection (a).
(2) OVERLAP REVIEW- The Inspector General shall, as part of the Department's
annual assessment of Amtrak's financial status and capital funding requirements
review the obligation and expenditure of funds under each such funding document,
procedure, or arrangement to ensure that the expenditure and obligation
of those funds are consistent with the purposes for which they are provided
under this Act.
(f) COORDINATION WITH EXISTING LAW- Amounts made available to Amtrak under
this section shall not be considered to be Federal assistance for purposes
of part C of subtitle V of title 49, United States Code.
SEC. 4003. RAIL SECURITY.
(a) SECRETARY OF TRANSPORTATION- Section 20103(a) of title 49, United States
Code, is amended by striking `safety' and inserting `safety, including the
security of railroad operations,'.
(b) RAIL POLICE OFFICERS- Section 28101 of title 49, United States Code, is
amended by striking `the rail carrier' each place it appears and inserting
`any rail carrier'.
(c) REVIEW OF RAIL REGULATIONS- Within 180 days after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the Federal
Railroad Administration's Rail Safety Advisory Committee, shall review existing
rail regulations of the Department of Transportation for the purpose of identifying
areas in which those regulations need to be revised to improve rail safety
and security.
SEC. 4004. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(1) IN GENERAL- The Secretary of Transportation shall assess the security
risks associated with
rail transportation and develop prioritized recommendations for--
(A) improving the security of rail tunnels, rail bridges, rail switching
areas, and other areas identified by the Secretary as posing significant
rail-related risks to public safety and the movement of interstate commerce,
taking into account the impact that any proposed security measure might
have on the provision of rail service; and
(B) dealing with the immediate and long-term economic impact of measures
that may be required to address those risks.
(2) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS- The assessment shall include
a review of any actions already taken to address identified security issues
by both public and private entities.
(b) CONSULTATION; USE OF EXISTING RESOURCES- In carrying out the assessment
required by subsection (a), the Secretary shall--
(1) consult with rail management, rail labor, and public safety officials
(including officials responsible for responding to emergencies); and
(2) utilize, to the maximum extent feasible, the resources and assistance
of--
(A) the Federal Railroad Administration's Rail Safety Advisory Committee;
and
(B) the Transportation Research Board of the National Academy of Sciences.
(1) CONTENTS- Within 180 days after the date of enactment of this Act, the
Secretary shall transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation
and Infrastructure a report, without compromising national security, containing--
(A) the assessment and prioritized recommendations required by subsection
(a); and
(B) any proposals the Secretary deems appropriate for providing Federal
financial, technological, or research and development assistance to railroads
to assist the railroads in reducing the likelihood, severity, and consequences
of deliberate acts of crime or terrorism toward rail employees, rail passengers,
rail shipments, or rail property.
(2) FORMAT- The Secretary may submit the report in both classified and redacted
formats if the Secretary determines that such action is appropriate or necessary.
TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT
SEC. 5001. SHORT TITLE.
This title may be cited as the `Wastewater Treatment Works Security and Safety
Act'.
SEC. 5002. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL ACTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.)
is amended by adding at the end the following:
`SEC. 222. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL ACTS.
`(a) DEFINITIONS- In this section:
`(1) COVERED TREATMENT WORKS-
`(A) IN GENERAL- The term `covered treatment works' means a treatment
works that--
`(i) serves at least 25,000 individuals; or
`(ii) as determined by the Administrator before March 1, 2003, based
on the factors described in subparagraph (B), presents a sufficient
security risk to remain subject to this section.
`(B) FACTORS FOR INCLUSION OF TREATMENT WORKS- The factors referred to
in subparagraph (A) are--
`(i) the likelihood that the treatment works will be the target of a
harmful intentional act;
`(ii) the consequences that would result if the treatment works were
the target of a harmful intentional act; and
`(iii) such other security factors as the Administrator determines to
be necessary to protect--
`(I) public health, safety, and welfare;
`(II) critical infrastructure; and
`(III) national security.
`(2) EMERGENCY RESPONSE PLAN- The term `emergency response plan' means a
plan that a covered treatment works is required to prepare or revise, and
submit to the Administrator, under subsection (c).
`(3) HARMFUL INTENTIONAL ACT- The term `harmful intentional act' means a
terrorist attack or other intentional act carried out with respect to a
covered treatment works that is intended--
`(A) to substantially disrupt the ability of the covered treatment works
to provide safe and reliable--
`(i) conveyance and treatment of wastewater; and
`(ii) disposal of effluent;
`(B) to damage critical infrastructure;
`(C) to have an adverse effect on the environment; or
`(D) to otherwise pose a significant threat to public health or safety.
`(4) VULNERABILITY ASSESSMENT- The term `vulnerability assessment' means
an assessment that a covered treatment works is required to conduct and
submit to the Administrator under subsection (b)(1).
`(b) VULNERABILITY ASSESSMENTS-
`(1) COVERED TREATMENT WORKS-
`(A) IN GENERAL- Using appropriate tools (such as available vulnerability
self-assessment tools), each covered treatment works shall conduct and
submit to the Administrator an assessment of the vulnerability of the
covered treatment works to a harmful intentional act.
`(B) DEADLINE FOR SUBMISSION- Each covered treatment works shall submit
a vulnerability assessment to the Administrator--
`(i) in the case of a covered treatment works described in subsection
(a)(1)(A)(i), by not later than July 1, 2003; and
`(ii) in the case of a covered treatment works described in subsection
(a)(1)(A)(ii), by such date as shall be determined by the Administrator.
`(2) REQUIRED ELEMENTS- At a minimum, a vulnerability assessment shall consist
of a review of--
`(A) the pipes and constructed conveyances, physical barriers, treatment,
storage, and disposal facilities, and electronic, computer, and other
automated systems, that are used by the covered treatment works;
`(B) the use, storage, or handling of various chemicals at the covered
treatment works;
`(C) plans and procedures of the covered treatment works, to ensure, to
the maximum
extent practicable, continued provision of service; and
`(D) critical records and documents of the covered treatment works.
`(c) EMERGENCY RESPONSE PLAN-
`(1) IN GENERAL- Not later than 180 days after a covered treatment works
completes a vulnerability assessment in accordance with subsection (b),
the covered treatment works shall prepare or revise, as necessary, and submit
to the Administrator, an emergency response plan that incorporates the results
of the vulnerability assessment.
`(2) REQUIRED ELEMENTS- The emergency response plan shall include plans,
procedures, identification of equipment, and other activities that can--
`(A) be implemented or used in the event of a harmful intentional act
carried out with respect to the covered treatment works; and
`(B) reduce or significantly lessen the impacts of a harmful intentional
act carried out with respect to the covered treatment works.
`(3) COORDINATION WITH LOCAL EMERGENCY PLANS- In preparing or revising emergency
response plans under this subsection, a covered treatment works shall, to
the maximum extent practicable, coordinate with local emergency plans.
`(4) RECORD MAINTENANCE- Each covered treatment works shall maintain a copy
of the emergency response plan prepared or revised under paragraph (1),
and any additional revisions to such a plan completed after the date referred
to in paragraph (1), for a period of not less than 5 years after the date
on which the plan or revisions are submitted to the Administrator.
`(d) REQUIREMENTS RELATING TO VULNERABILITY ASSESSMENTS AND EMERGENCY RESPONSE
PLANS-
`(1) PROVISION OF VULNERABILITY ASSESSMENTS TO STATE AND LOCAL GOVERNMENTS-
No covered treatment works shall be required under State or local law to
provide a vulnerability assessment or emergency response plan to any State,
regional, or local governmental entity unless the State or local government
has in effect a law that requires submission of such an assessment or plan
to the State, regional, or local governmental entity.
`(2) EXEMPTION OF INFORMATION FROM DISCLOSURE-
`(A) IN GENERAL- Except as provided in subparagraph (B), all information
provided to the Administrator under subsections (b) and (c), and all information
derived from that information, shall be exempt from disclosure under section
552 of title 5, United States Code.
`(B) NO EXCEPTION- Subparagraph (A) does not apply to information contained
in a vulnerability assessment or emergency response plan that identifies--
`(i) the covered treatment works submitting the vulnerability assessment
or emergency response plan; or
`(ii) the date of completion of the vulnerability assessment or emergency
response plan.
`(3) PROTOCOLS TO PROTECT VULNERABILITY ASSESSMENTS AND EMERGENCY RESPONSE
PLANS FROM UNAUTHORIZED DISCLOSURE-
`(A) IN GENERAL- Not later than March 1, 2003, the Administrator, in consultation
with appropriate Federal law enforcement and intelligence officials, shall
develop such protocols as are necessary to protect vulnerability assessments
and emergency response plans from unauthorized disclosure.
`(B) PROTOCOLS- The protocols shall ensure that--
`(i) each copy of a vulnerability assessment or emergency response plan,
and all information contained in or derived from the vulnerability assessment
or emergency response plan, is kept in a secure location;
`(ii) only individuals designated by the Administrator have access to
the copies of the vulnerability assessments and emergency response plans;
and
`(iii) no copy of a vulnerability assessment, part of a vulnerability
assessment or emergency response plan, or information contained in or
derived from a vulnerability assessment or emergency response plan,
is available to any individual other than an individual designated by
the Administrator under clause (ii).
`(4) CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE-
`(A) IN GENERAL- Except as provided in subparagraph (B), any individual
referred to in paragraph (3)(B)(ii) who acquires a copy of a vulnerability
assessment or emergency response plan, a part of a vulnerability assessment
or emergency response plan, or any information contained in or derived
from a vulnerability assessment or emergency response plan, and who knowingly
or recklessly reveals the copy, part, or information (other than in accordance
with subparagraph (B)) shall--
`(i) be imprisoned not more than 1 year, fined in accordance with chapter
227 of title 18, United States Code (applicable to class A misdemeanors),
or both; and
`(ii) if employed by the Federal Government, be removed from Federal
employment for the lifetime of the individual.
`(B) EXCEPTIONS- Any individual referred to in paragraph (3)(B)(ii)--
`(i) may disclose a copy, a part, or information referred to in subparagraph
(A)--
