To amend the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974 to strengthen security at sensitive nuclear facilities.

January 9, 2003

Mr. REID (for himself, Mrs. Clinton, Mr. Jeffords, Mr. Lieberman, Mr. Harkin, and Mr. Edwards) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974 to strengthen security at sensitive nuclear facilities.

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 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) 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.

`(kk) 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) any portion of 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. 3. 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 Homeland Security;

`(C) the Secretary of Defense;

`(D) the Secretary of Transportation;

`(E) the Administrator of the Environmental Protection Agency;

`(F) the Attorney General;

`(G) the Secretary of State;

`(H) the Director of the Central Intelligence Agency;

`(I) the Secretary of Health and Human Services; and

`(J) the Director of the Federal Emergency Management Agency.

`(3) DUTIES-

`(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.

`(B) SECURITY REVIEW-

`(i) IN GENERAL- The task force shall examine--

`(I) the classification of threats as--

`(aa) an act falling under the responsibilities of the Federal Government (including an act by an enemy of the United States); 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.

`(4) REPORT-

`(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.

`(e) SECURITY PLANS-

`(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.

`(4) FINDINGS-

`(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, both prior to, 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.

`(4) FINDINGS-

`(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.

`(i) TRAINING PROGRAM-

`(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.

`(j) EMPLOYEE SECURITY-

`(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. 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) 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.

`(c) DIRECTOR-

`(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 licensed or certified under this Act;

`(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) any other activity of a Commission licensee or certificate holder, subject to the requirements of this Act, 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.

`(F) CORRECTIVE ACTION-

`(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 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))--

(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.'; and

(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. 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 2(a)) is amended--

(1) in section 161, by striking subsection k. and inserting the following:

`k. authorize--

`(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.

`(4) GUIDELINES--

`(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. 6. 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. 7. 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 `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. 8. 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. 9. 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. 10. 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:

and

(2) by adding at the end of the item relating to chapter 14 the following:

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out the amendments made by this Act.

END