text: 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. Design Basis Threat.--The term `design basis threat' means 
  the design basis threat established by the Commission under section 
  73.1 of title 10, Code of Federal Regulations (or any successor 
  regulation developed under section 170C).
      ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear 
  facility' means--
              ``(1) a commercial nuclear power plant and associated spent 
          fuel storage facility;
              ``(2) a decommissioned nuclear power plant and associated 
          spent fuel storage facility;
              ``(3) a category I fuel cycle facility;
              ``(4) a gaseous diffusion plant; and
              ``(5) any other facility licensed by the Commission, or 
          used in the conduct of an activity licensed by the Commission, 
          that the Commission determines should be treated as a sensitive 
          nuclear facility under section 170C.''.
  
  SEC. 3. NUCLEAR 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 AGAINST THE 
                DESIGN BASIS THREAT.
  
      ``(a) Definitions.--In this section:
              ``(1) Nuclear security force.--The term `nuclear security 
          force' means the nuclear security force established under 
          subsection (b)(1).
              ``(2) Fund.--The term `Fund' means the Nuclear Security 
          Fund established under subsection (e).
              ``(3) Qualification standard.--The term `qualification 
          standard' means a qualification standard established under 
          subsection (d)(2)(A).
              ``(4) Security plan.--The term `security plan' means a 
          security plan developed under subsection (b)(2).
      ``(b) Nuclear Security.--The Commission shall--
              ``(1) establish a nuclear security force, the members of 
          which shall be employees of the Commission, to provide for the 
          security of all sensitive nuclear facilities against the design 
          basis threat; and
              ``(2) develop and implement a security plan for each 
          sensitive nuclear facility to ensure the security of all 
          sensitive nuclear facilities against the design basis threat.
      ``(c) Security Plans.--
              ``(1) In general.--Not later than 180 days after the date 
          of enactment of this section, the Commission shall develop a 
          security plan for each sensitive nuclear facility to ensure the 
          protection of each sensitive nuclear facility against the 
          design basis threat.
              ``(2) Elements of the plan.--A security plan shall 
          prescribe--
                      ``(A) the deployment of the nuclear security force, 
                  including--
                              ``(i) numbers of the members of the nuclear 
                          security force at each sensitive nuclear 
                          facility;
                              ``(ii) tactics of the members of the 
                          nuclear security force at each sensitive 
                          nuclear facility; and
                              ``(iii) capabilities of the members of the 
                          nuclear security force at each sensitive 
                          nuclear facility;
                      ``(B) other protective measures, including--
                              ``(i) designs of critical control systems 
                          at each sensitive nuclear facility;
                              ``(ii) restricted personnel access to each 
                          sensitive nuclear facility;
                              ``(iii) perimeter site security, internal 
                          site security, and fire protection barriers;
                              ``(iv) increases in protection for spent 
                          fuel storage areas;
                              ``(v) placement of spent fuel in dry cask 
                          storage; and
                              ``(vi) background security checks for 
                          employees and prospective employees; and
                      ``(C) a schedule for completing the requirements of 
                  the security plan not later than 18 months after the 
                  date of enactment of this section.
              ``(3) Additional requirements.--A holder of a license for a 
          sensitive nuclear facility under section 103 or 104 or the 
          State or local government in which a sensitive nuclear facility 
          is located may petition the Commission for additional 
          requirements in the security plan for the sensitive nuclear 
          facility.
              ``(4) Implementation of security plan.--Not later than 270 
          days after the date of enactment of this section, the 
          Commission, in consultation with a holder of a license for a 
          sensitive nuclear facility under section 103 or 104, shall, by 
          direct action of the Commission or by order requiring action by 
          the licensee, implement the security plan for the sensitive 
          nuclear facility in accordance with the schedule under 
          paragraph (2)(C).
              ``(5) Sufficiency of security plan.--If at any time the 
          Commission determines that the implementation of the 
          requirements of the security plan for a sensitive nuclear 
          facility is insufficient to ensure the security of the 
          sensitive nuclear facility against the design basis threat, the 
          Commission shall immediately submit to Congress and the 
          President a classified report that--
                      ``(A) identifies the vulnerability of the sensitive 
                  nuclear facility; and
                      ``(B) recommends actions by Federal, State, or 
                  local agencies to eliminate the vulnerability.
      ``(d) Nuclear Security Force.--
              ``(1) In general.--Not later than 90 days after the date of 
          the enactment of this section, the Commission, in consultation 
          with other Federal agencies, as appropriate, shall establish a 
          program for the hiring and training of the nuclear security 
          force.
              ``(2) Hiring.--
                      ``(A) Qualification standards.--Not later than 30 
                  days after the date of enactment of this section, the 
                  Commission shall establish qualification standards that 
                  individuals shall be required to meet to be hired by 
                  the Commission as members of the nuclear security 
                  force.
                      ``(B) Examination.--The Commission shall develop 
                  and administer a nuclear security force personnel 
                  examination for use in determining the qualification of 
                  individuals seeking employment as members of the 
                  nuclear security force.
                      ``(C) Criminal and security background checks.--The 
                  Commission shall require that an individual to be hired 
                  as a member of the nuclear security force undergo a 
                  criminal and security background check.
                      ``(D) Disqualification of individuals who present 
                  national security risks.--The Commission, in 
                  consultation with the heads of other Federal agencies, 
                  as appropriate, shall establish procedures, in addition 
                  to any background check conducted under subparagraph 
                  (B), to ensure that no individual who presents a threat 
                  to national security is employed as a member of the 
                  nuclear security force.
              ``(3) Annual proficiency review.--
                      ``(A) In general.--The Commission shall provide 
                  that an annual evaluation of each member of the nuclear 
                  security force is conducted and documented.
                      ``(B) Requirements for continuation.--An individual 
                  employed as a member of the nuclear security force may 
                  not continue to be employed in that capacity unless the 
                  evaluation under subparagraph (A) demonstrates that the 
                  individual--
                              ``(i) continues to meet all qualification 
                          standards;
                              ``(ii) has a satisfactory record of 
                          performance and attention to duty; and
                              ``(iii) has the knowledge and skills 
                          necessary to vigilantly and effectively provide 
                          for the security of a sensitive nuclear 
                          facility against the design basis threat.
              ``(4) Training.--
                      ``(A) In general.--The Commission shall provide for 
                  the training of each member of the nuclear security 
                  force to ensure each member has the knowledge and 
                  skills necessary to provide for the security of a 
                  sensitive nuclear facility against the design basis 
                  threat.
                      ``(B) Training plan.--Not later than 60 days after 
                  the date of enactment of this section, the Commission 
                  shall develop a plan for the training of members of the 
                  nuclear security force.
                      ``(C) Use of other agencies.--The Commission may 
                  enter into a memorandum of understanding or other 
                  arrangement with any other Federal agency with 
                  appropriate law enforcement responsibilities, to 
                  provide personnel, resources, or other forms of 
                  assistance in the training of members of the nuclear 
                  security force.
      ``(e) Nuclear Security Fund.--
              ``(1) Establishment.--There is established in the Treasury 
          of the United States a fund to be known as the `Nuclear 
          Security Fund', which shall be used by the Commission to 
          administer programs under this section to provide for the 
          security of sensitive nuclear facilities.
              ``(2) Deposits in the fund.--The Commission shall deposit 
          in the Fund--
                      ``(A) the amount of fees collected under paragraph 
                  (5); and
                      ``(B) amounts appropriated under subsection (f).
              ``(3) Investment of amounts.--
                      ``(A) In general.--The Secretary of the Treasury 
                  shall invest such portion of the Fund as is not, in the 
                  judgment of the Secretary of the Treasury, required to 
                  meet current withdrawals. Investments may be made only 
                  in interest-bearing obligations of the United States.
                      ``(B) Acquisition of obligations.--For the purpose 
                  of investments under subparagraph (A), obligations may 
                  be acquired--
                              ``(i) on original issue at the issue price; 
                          or
                              ``(ii) by purchase of outstanding 
                          obligations at the market price.
                      ``(C) Sale of obligations.--Any obligation acquired 
                  by the Fund may be sold by the Secretary of the 
                  Treasury at the market price.
                      ``(D) Credits to fund.--The interest on, and the 
                  proceeds from the sale or redemption of, any 
                  obligations held in the Fund shall be credited to and 
                  form a part of the Fund.
              ``(4) Use of amounts in the fund.--The Commission shall use 
          amounts in the Fund to pay the costs of--
                      ``(A) salaries, training, and other expenses of the 
                  nuclear security force; and
                      ``(B) developing and implementing security plans.
              ``(5) Fee.--To ensure that adequate amounts are available 
          to provide assistance under paragraph (4), the Commission shall 
          assess licensees a fee in an amount determined by the 
          Commission.
      ``(f) Authorization of Appropriations.--There are authorized to be 
  appropriated such sums as are necessary to carry out this section.''.
      (b) Implementation.--The Commission shall complete the full 
  implementation of the amendment made by subsection (a) as soon as 
  practicable after the date of enactment of this Act, but in no event 
  later than 270 days after the date of enactment of this Act.
      (c) Technical and Conforming Amendment.--The table of contents for 
  chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is 
  amended by adding at the end the following:
  
  ``170B. Uranium supply.
  ``170C. Protection of sensitive nuclear facilities against the design 
                              basis threat.''.
target: Nuclear Security Act of 2003 - Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission (NRC) to: (1) establish a nuclear security force composed of NRC employees to provide for the security of all sensitive nuclear facilities against design basis threat; and (2) develop and implement a security plan containing specified elements for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against such threat.
  
  
  
  Authorizes a holder of a license for a sensitive nuclear facility to petition the Commission for additional requirements in the security plan for such facility.
  
  Requires the NRC to establish a hiring and training program for the nuclear security force.
  
  Establishes the Nuclear Security Fund for use by the Commission to administer the security programs for sensitive nuclear facilities.
feat_title: To amend the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974 to strengthen security at sensitive nuclear facilities.