To provide for the security of commercial nuclear power plants and facilities designated by the Nuclear Regulatory Commission.

July 10, 2003

Mr. SAXTON introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To provide for the security of commercial nuclear power plants and facilities designated by the Nuclear Regulatory Commission.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Nuclear Infrastructure Security Act of 2003'.

SEC. 2. DEFINITIONS.

Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended--

(1) by redesignating subsection jj. as subsection ii.; and

(2) by adding at the end the following:

`jj. DESIGNATED NUCLEAR FACILITY- The term `designated nuclear facility' means--

`(1) an operating commercial nuclear power plant; and

`(2) any other facility owned or operated by a licensee or certificate holder that the Commission determines should be included within the meaning of the term.

`kk. PRIVATE SECURITY FORCE- The term `private security force', with respect to a designated nuclear facility, means personnel hired or contracted by the licensee or certificate holder of the designated nuclear facility to provide security at the designated nuclear facility.'.

SEC. 3. DESIGNATED 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 DESIGNATED NUCLEAR FACILITIES.

`(a) DEFINITIONS- In this section:

`(1) CERTIFICATE HOLDER- The term `certificate holder' means the holder of a certificate of compliance issued by the Commission.

`(2) FEDERAL SECURITY COORDINATOR- The term `Federal security coordinator' means the Federal security coordinator assigned to a regional office of the Commission.

`(3) DESIGN BASIS THREAT- The term `design basis threat' means the threat components or capability of an adversary against which a nuclear facility is responsible for defending under regulations, orders, or other directives of the Commission.

`(4) LICENSEE- The term `licensee' means the holder of a license issued by the Commission.

`(b) SECURITY EXAMINATION-

`(1) IN GENERAL- The Commission, in coordination with the Secretary of Homeland Security and in consultation with other agencies and State and local governments as appropriate, shall examine--

`(A) classification of threats against designated nuclear facilities as--

`(i) a type of threat falling under the responsibilities of the Federal Government, including an act by an enemy of the United States, whether a foreign government or any other person;

`(ii) a type of threat falling under the responsibility of a State or local government; or

`(iii) a type of threat the defense against which the Commission determines should be the responsibility of a licensee or certificate holder;

`(B) coordination of Federal, State, and local security efforts to protect against terrorist or other criminal attacks at designated nuclear facilities;

`(C) the adequacy of planning to protect the public health and safety in the event of a terrorist attack against a designated nuclear facility, including--

`(i) matters relating to the adequacy of emergency planning zones;

`(ii) matters relating to the adequacy and coordination of Federal, State, and local emergency planning and other measures; and

`(iii) matters relating to the adequacy of security plans for designated nuclear facilities;

`(D) the system of threat levels, consistent with the Homeland Security Advisory System used to categorize the threats pertinent to designated nuclear facilities, including--

`(i) procedures to ensure coordinated Federal, State, and local responses to changing threat levels for designated nuclear facilities;

`(ii) monitoring of threats against designated nuclear facilities; and

`(iii) procedures to notify licensees and certificate holders of a designated nuclear facility of changes in threat levels;

`(E) the hiring and training standards for members of private security forces at designated nuclear facilities;

`(F) the coordination of Federal resources to expedite and improve the process of conducting background checks under section 149; and

`(G) the creation by the Secretary of Homeland Security of a program to provide technical assistance and training for the National Guard, State law enforcement agencies, and local law enforcement agencies to respond,

as appropriate, to threats against a designated nuclear facility, including recommendations for the establishment of a grant program to assist State and local governments in carrying out any recommended actions under this section.

`(2) REPORT- Not later than 1 year after completion of the security examination under paragraph (1), the Commission and the Secretary of Homeland Security shall submit to the President and Congress, in classified and unclassified form, a report with recommendations and findings.

`(c) REVISION OF DESIGN BASIS THREATS-

`(1) IN GENERAL- Not later than 180 days after completion of the security examination under subsection (b), the Commission shall by regulation revise the design basis threats promulgated before the date of enactment of this section as the Commission determines to be appropriate based on the security examination.

`(2) PROTECTION OF SAFEGUARDS INFORMATION-

`(A) IN GENERAL- In promulgating any regulations under this subsection, the Commission shall ensure protection of safeguards information in accordance with section 147 and of classified national security information.

`(B) PROCEDURE- Notwithstanding any requirement of chapter 5 of title 5, United States Code, or any other law, the Commission may conduct rulemaking under this subsection in a manner that fully protects safeguards information and classified national security information.

`(d) THREAT LEVELS- Not later than 150 days after the date of submission of the report under subsection (b)(2), the Commission shall establish a system for the determination of threat levels pertinent to--

`(1) designated nuclear facilities; and

`(2) materials designated by the Commission.

`(e) SECURITY PLANS-

`(1) IN GENERAL- Pursuant to any action taken by the Commission under subsection (c)(1) to revise a design basis threat, not later than 1 year after the date of the revision, the Commission shall require each licensee or certificate holder of a designated nuclear facility to--

`(A) revise the security plan to ensure that the designated nuclear facility protects against the appropriate design basis threats; and

`(B) submit the security plan to the Commission for review.

`(2) REVIEW SCHEDULE- The Commission shall establish a priority schedule for conducting reviews of security plans based on the proximity of the designated nuclear facility to large population areas.

`(3) UPGRADES TO SECURITY- The Commission shall ensure that the licensee or certificate holder of each designated nuclear facility makes any changes to security and the security plan required from the Commission review on a schedule established by the Commission, but not to exceed 18 months after completion of the review.

`(f) EMERGENCY RESPONSE PLANS-

`(1) IN GENERAL- Not later than 21 months after the date of enactment of this section, the Commission shall review, in consultation with the Secretary of Homeland Security and, as appropriate, State and local governments, the emergency response plans for each designated nuclear facility to ensure that each emergency response plan provides for protection of persons in the emergency response planning zone.

`(2) ASPECTS OF REVIEW- The Commission shall ensure that each emergency response plan provides, as appropriate to the type of designated nuclear facility, 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, both prior to, and in the event of, a radiological emergency;

`(F) adequate emergency facilities and equipment at and around the designated nuclear facility;

`(G) the use of methods, systems, and equipment for assessing and monitoring actual or potential impacts of an emergency;

`(H) a range of protective actions for the public;

`(I) means for controlling radiological exposures and other hazardous exposures for emergency response personnel;

`(J) appropriate medical services for contaminated individuals;

`(K) general 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 designated nuclear facilities based on the proximity of such facilities to large population areas.

`(4) UPGRADES TO EMERGENCY RESPONSE PLAN- The Commission shall ensure that the licensee or certificate holder of each designated nuclear facility revises, as necessary, the emergency response plan for review by the Commission on a schedule established by the Commission.

`(g) TRAINING PROGRAM-

`(1) IN GENERAL- Not later than 1 year after submission of the report under subsection (b)(2), the President shall establish, based on and consistent with the findings and recommendations contained in the report submitted under subsection (b)(2), 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 designated nuclear facility.

`(2) GRANTS- The President may provide grants 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.

`(h) EMPLOYEE SECURITY-

`(1) REVIEW- Not later than 180 days after the date of enactment of this section, the Commission shall review and update as appropriate the access and training standards for employees of a designated nuclear facility.

`(2) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT NATIONAL SECURITY RISKS- The Commission shall establish qualifications and procedures, in addition to fingerprinting for criminal history record checks conducted under section 149, to ensure that no individual who presents a threat to national security is employed at a designated nuclear facility.

`(i) FEDERAL SECURITY COORDINATORS-

`(1) REGIONAL OFFICES- Not later than 180 days after the date of enactment of this section, the Commission shall assign a Federal security coordinator, under the employment of the Commission, to each region of the Commission.

`(2) RESPONSIBILITIES- The Federal security coordinator shall be responsible for--

`(A) communicating with the Commission and other Federal, State, and local authorities concerning threats, including threats against a designated nuclear facility;

`(B) ensuring that a designated nuclear facility maintains security consistent with the security plan in accordance with the appropriate threat level; and

`(C) assisting in the coordination of security measures among--

`(i) the private security force at a designated nuclear facility; and

`(ii) Federal, State, and local authorities, as appropriate.

`(j) CLASSIFIED INFORMATION- Nothing in this section supersedes any law (including a regulation) governing the disclosure of classified information or safeguards information.'.

(b) FINGERPRINTING FOR CRIMINAL HISTORY RECORD CHECKS- Section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) is amended--

(1) in subsection a-

(A) by striking `a. The Nuclear' and all that follows through `section 147.' and inserting the following:

`a. IN GENERAL-

`(1) REQUIREMENTS- The Commission shall require--

`(A) each licensee, certificate holder, or applicant for a license or certificate to operate a utilization facility under section 103 or 104(b); and

`(B) each licensee or applicant for a license to possess or use radioactive material or other property subject to regulation by the Commission that the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks;

to fingerprint each individual who is permitted unescorted access to the facility, radioactive material, or other property or is permitted access to safeguards information under section 147.';

(B) by striking `All fingerprints' and inserting the following:

`(2) SUBMISSION TO THE ATTORNEY GENERAL- All fingerprints';

(C) by striking `The costs' and inserting the following;

`(3) COSTS- The costs';

(D) by striking `Notwithstanding' and inserting the following:

`(4) PROVISION TO LICENSEE, CERTIFICATE HOLDER, OR APPLICANT- Notwithstanding'; and

(E) by striking `licensee or applicant' each place it appears and inserting `licensee, certificate holder, or applicant for a license or certificate';

(2) in subsection c., by striking `, subject to public notice and comment, regulations' and inserting `requirements';

(3) by redesignating subsection d. as subsection e.; and

(4) by inserting after subsection c. the following:

`d. USE OF OTHER BIOMETRIC METHODS- Any requirement for a person to conduct fingerprinting under this section may be satisfied by using any other biometric method used for identification by the Attorney General.'.

SEC. 4. 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) CERTIFICATE HOLDER- The term `certificate holder' has the meaning given the term in section 170C(a) of the Atomic Energy Act of 1954.

`(2) DESIGNATED NUCLEAR FACILITY- The term `designated nuclear facility' has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).

`(3) DIRECTOR- The term `Director' means the Director of Nuclear Security and Incident Response appointed under subsection (c) to head the Office.

`(4) LICENSEE- The term `licensee' has the meaning given the term in section 170C(a) of the Atomic Energy Act of 1954.

`(5) OFFICE- The term `Office' means the Office of Nuclear Security and Incident Response established by subsection (b).

`(b) ESTABLISHMENT OF OFFICE- There is established in the Commission the Office of Nuclear Security and Incident Response.

`(c) DIRECTOR-

`(1) APPOINTMENT- The Commission may appoint and remove from office a Director of Nuclear Security and Incident Response.

`(2) DUTIES-

`(A) IN GENERAL- The Director shall perform such functions as the Commission delegates to the Director.

`(B) FUNCTIONS- The functions delegated to the Director may include--

`(i) carrying out security, safeguards, and incident responses relating to--

`(I) any facility owned or operated by a Commission licensee or certificate holder;

`(II) any property owned or in the possession of a licensee or certificate holder that--

`(aa) is significant to the common defense and security; or

`(bb) is being transported to or from a facility described in clause (i); and

(III) any other activity of a licensee or certificate holder, subject to the requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), that is significant to the common defense and security;

`(ii) for a facility or material licensed or certified under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)--

`(I) developing contingency plans for dealing with threats, thefts, and sabotage; and

`(II) monitoring, reviewing, and evaluating security and safeguards;

`(iii) recommending upgrades to internal accounting systems for special nuclear and other materials licensed or certified under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); and

`(iv) developing and recommending standards and amendments to the standards of the Commission relating to the duties described in clauses (i) through (iii); and

`(E) carrying out any other safeguards and physical security functions and incident response functions that the Commission determines to be appropriate.

`(3) CONSULTATION- In carrying out the duties under paragraph (2), the Director shall, to the extent practicable, consult and coordinate with other Federal agencies.

`(d) SECURITY RESPONSE EVALUATIONS-

`(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Commission shall establish a security response evaluation program to assess the ability of each designated nuclear facility to defend against threats in accordance with the security plan for the designated nuclear facility.

`(2) FREQUENCY OF EVALUATIONS- Not less than once every 3 years, the Commission shall conduct and document security response evaluations at each designated nuclear facility to assess the ability of the private security force of the designated nuclear facility to defend against applicable design basis threats.

`(3) SECURITY EXEMPTION- The Commission may suspend activities under this section if the Commission determines that the security response evaluations would compromise security at any designated nuclear facility in accordance with a heightened threat level.

`(4) ACTIVITIES- The security response evaluation shall include force-on-force exercises that simulate the security threats consistent with the design basis threats applicable to the designated nuclear facility.

`(5) PERFORMANCE CRITERIA- The Commission shall establish performance criteria for judging the security response evaluations.

`(6) CORRECTIVE ACTION-

`(A) IN GENERAL- When any of the performance criteria established under paragraph (5) are not satisfied--

`(i) the licensee or certificate holder shall promptly correct any defects in performance identified by the Commission in the security response evaluation; and

`(ii) the Commission shall conduct an additional security response evaluation within 9 months to confirm that the licensee or certificate holder satisfies the performance criteria established under paragraph (5).

`(B) 2 consecutive failures to satisfy performance criteria-

`(i) IN GENERAL- If a designated nuclear facility fails to satisfy the performance criteria established under paragraph (5) in 2 consecutive security response evaluations, the Commission shall issue an order specifying the corrective actions that must be taken by the licensee or certificate holder of the designated nuclear facility.

`(ii) FAILURE TO TAKE CORRECTIVE ACTION- If the licensee or certificate holder of a designated nuclear facility does not take the corrective action specified by the Commission within 30 days after the date of issuance of an order under clause (i), and the Commission determines that the

failure could compromise public health and safety, the Commission shall assess a civil penalty under section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 2282).

`(C) EFFECT- Nothing in this paragraph limits any enforcement authority of the Commission to take action in response to deficiencies identified through security evaluations.

`(7) REPORTS- Not less often than once every year, the Commission shall submit to Congress and the President a report, in classified form and unclassified form, that describes the results of each security response evaluation under this paragraph for the previous year.

`(e) EMERGENCY RESPONSE EXERCISES-

`(1) IN GENERAL- Not less than once every 2 years, the Commission, in coordination with the Secretary of Homeland Security shall observe and evaluate emergency response exercises to assess the ability of Federal, State, and local emergency response agencies and emergency response personnel of a licensee or certificate holder to respond to a radiological emergency at the designated nuclear facility in accordance with the emergency response plans.

`(2) ACTIVITIES- In carrying out their functions under paragraph (1), the Commission and the Secretary of Homeland Security shall evaluate--

`(A) the response capabilities, response times, and coordination and communication capabilities of the response personnel; and

`(B) the effectiveness and adequacy of emergency response and the ability to take protective actions.

`(3) PLANS- The Commission shall ensure that the emergency response plan for a designated 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 that is substantive in nature.

`(f) EFFECT- Nothing in this section limits any authority of the Department of Energy relating to the security and safeguarding of special nuclear materials, high-level radioactive waste, and nuclear facilities resulting from all activities under the jurisdiction of the 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))--

(A) in paragraph (1)--

(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.'.

(B) in paragraph (2)--

(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. 5. GUARDING OF NUCLEAR FACILITIES, EQUIPMENT, AND MATERIAL.

(a) TRANSPORTING OF SHORT-BARRELED SHOTGUN OR RIFLE- Section 922 of title 18, United States Code, is amended--

(1) in subsection (a)(4), by striking `or licensed collector,' and inserting the following: `licensed collector, or a licensee or certificate holder under title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or an employee or contractor of such a licensee or certificate holder, that holds the license or certificate for the purpose of establishing and maintaining an on-site physical protection system and security organization required by Federal law or for the purpose of licensee-authorized or certificate holder-authorized training or transportation of nuclear material or equipment,'; and

(2) in subsection (o)(2)--

(A) in subparagraph (A), by striking `or' at the end;

(B) in subparagraph (B), by striking the period at the end and inserting `; or'; and

(C) by adding at the end the following:

`(C) a transfer to a licensee or certificate holder under title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of the licensee or certificate holder on-site for such purposes or off-site for purposes of licensee-authorized or certificate holder-authorized training or transportation of nuclear materials or equipment.'.

(b) AUTHORIZATION FOR IMPORTATION OF FIREARM OR AMMUNITION- Section 925(d)(1) of title 18, United States Code, is amended--

(1) by inserting `(A)' before `is being'; and

(2) by inserting after the semicolon the following: `or

`(B) is being imported or brought in for transfer to a licensee or certificate holder under title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of establishing and maintaining

an on-site physical protection system and security organization required by Federal law;'.

(c) INTERSTATE TRANSPORTATION OF FIREARMS- Section 926A of title 18, United States Code, is amended--

(1) by striking `Notwithstanding' and inserting the following:

`(a) IN GENERAL- Notwithstanding'; and

(2) by adding at the end the following:

`(b) LICENSEES AND CERTIFICATE HOLDERS OF THE NUCLEAR REGULATORY COMMISSION- Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision of a State, a licensee or certificate holder under title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or an employee or contractor of such a licensee or certificate holder, that is not otherwise prohibited by this chapter from transporting, shipping, receiving, or possessing a firearm shall be entitled to transport and possess a firearm for purposes of establishing and maintaining an onsite physical protection system and security organization required by Federal law, and for purposes of licensee-authorized or certificate holder-authorized training or transportation of nuclear material or equipment.'.

(d) SEMIAUTOMATIC ASSAULT WEAPONS; LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 922 of title 18, United States Code, is amended--

(1) in subsection (v)(4)(B)--

(A) by inserting `or certificate holder' after `licensee' each place that term appears;

(B) by inserting `or certificate holder-authorized' after `licensee-authorized'; and

(C) by inserting `or equipment' after `materials'; and

(2) in subsection (w)(3)(B)--

(A) by inserting `or certificate holder' after `licensee' each place that term appears;

(B) by inserting `or certificate holder-authorized' after `licensee-authorized'; and

(C) by inserting `or equipment' after `materials'.

SEC. 6. TREATMENT OF ACCELERATOR-PRODUCED AND OTHER RADIOACTIVE MATERIAL AS BYPRODUCT MATERIAL.

(a) DEFINITION OF BYPRODUCT MATERIAL- Section 11e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) is amended--

(1) by striking `means (1) any radioactive' and inserting `means--

`(1) any radioactive';

(2) by striking `material, and (2) the tailings' and inserting `material;

`(2) the tailings'; and

(3) by striking `content.' and inserting `content; and

`(3)(A) any discrete source of radium-226; or

`(B) any material that--

`(i) has been made radioactive by use of a particle accelerator; and

`(ii) is produced, extracted, or converted after extraction, before, on, or after the date of enactment of this paragraph, for use in a commercial, medical, or research activity; and

`(4) any discrete source of naturally occurring radioactive material, other than source material that--

`(A) the Nuclear Regulatory Commission determines (after consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency), would pose a threat similar to that posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and

`(B) before, on, or after the date of enactment of this paragraph, is extracted or converted after extraction, for use in a commercial, medical, or research activity.'.

(b) AGREEMENTS- Section 274b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021) is amended--

(1) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and

(2) by inserting after paragraph (2) the following:

`(3) byproduct materials (as defined in section 11e.(3));

`(4) byproduct materials (as defined in section 11e.(4));'.

(c) REGULATIONS-

(1) IN GENERAL- Not later than the effective date of this section, the Nuclear Regulatory Commission shall promulgate final regulations establishing such requirements and standards as the Commission considers necessary for the acquisition, possession, transfer, use, or disposal of byproduct material (as defined in paragraphs (3) and (4) of section 11e. of the Atomic Energy Act of 1954 (as added by subsection (a))).

(2) COOPERATION- The Commission shall cooperate with the States in formulating the regulations under paragraph (1).

(3) TRANSITION- To ensure an orderly transition of regulatory authority with respect to byproduct material as defined in paragraphs (3) and (4) of section 11e. of the Atomic Energy Act of 1954 (as

added by subsection (a)), not later than 180 days before the effective date of this section, the Nuclear Regulatory Commission shall prepare and provide public notice of a transition plan developed in coordination with States that--

(A) have not, before the effective date of this section, entered into an agreement with the Commission under section 274b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021); or

(B) in the case of a State that has entered into such an agreement, has not, before the effective date of this section, applied for an amendment to the agreement that would permit assumption by the State of regulatory responsibility for such byproduct material.

(d) EFFECTIVE DATE- Except with respect to matters that the Nuclear Regulatory Commission determines are required to be addressed earlier to protect the public health and safety or to promote the common defense and security, the amendments made by this section take effect on the date that is 4 years after the date of enactment of this Act.

SEC. 7. 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. 8. 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';

(3) in paragraph (3)--

(A) by striking `such a utilization facility' and inserting `a utilization facility licensed under this Act'; and

(B) by striking `or' at the end;

(4) in paragraph (4)--

(A) by striking `facility licensed' and inserting `uranium conversion or nuclear fuel fabrication facility licensed or certified'; and

(B) by striking the period at the end and inserting a semicolon; 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;

`(6) any primary facility or backup facility from which a radiological emergency preparedness alert and warning system is activated; or

`(7) any radioactive material or other property subject to regulation by the Nuclear Regulatory Commission that, before the date of the offense, the Nuclear Regulatory Commission determines, by order or regulation published in the Federal Register, is of significance to the public health and safety or to common defense and security;'.

SEC. 9. 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. 10. 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. 11. TECHNICAL AND CONFORMING AMENDMENT.

The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end of the items relating to chapter 14 the following:

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- There are authorized to be appropriated such sums as are necessary to carry out the amendments made by this title.

(b) AGGREGATE AMOUNT OF CHARGES- Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is amended--

(1) in clause (i), by striking `and' at the end;

(2) in clause (ii), by striking the period at the end and inserting `; and' and

(3) by adding at the end the following:

`(iii) amounts appropriated to the Commission for homeland security activities of the Commission for the fiscal year, except for the costs of fingerprinting and background checks required by section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) and the costs of conducting security inspections.'.

END