Page:United States Statutes at Large Volume 119.djvu/817

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 799

(2) submit to Congress a report establishing an alternative date for completion. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for research and construction activities under this subtitle (including for transfer to the Nuclear Regulatory Commission for activities under section 644 as appropriate)— (1) $1,250,000,000 for the period of fiscal years 2006 through 2015; and (2) such sums as are necessary for each of fiscal years 2016 through 2021.

Reports.

Subtitle D—Nuclear Security SEC. 651. NUCLEAR FACILITY AND MATERIALS SECURITY.

42 USC 16041.

(a) SECURITY EVALUATIONS; DESIGN BASIS THREAT RULEMAKING.— (1) IN GENERAL.—Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section 624(a)) is amended by adding at the end the following: ‘‘SEC. 170D. SECURITY EVALUATIONS.

42 USC 2210d.

‘‘a. SECURITY RESPONSE EVALUATIONS.—Not less often than once every 3 years, the Commission shall conduct security evaluations at each licensed facility that is part of a class of licensed facilities, as the Commission considers to be appropriate, to assess the ability of a private security force of a licensed facility to defend against any applicable design basis threat. ‘‘b. FORCE-ON-FORCE EXERCISES.—(1) The security evaluations shall include force-on-force exercises. ‘‘(2) The force-on-force exercises shall, to the maximum extent practicable, simulate security threats in accordance with any design basis threat applicable to a facility. ‘‘(3) In conducting a security evaluation, the Commission shall mitigate any potential conflict of interest that could influence the results of a force-on-force exercise, as the Commission determines to be necessary and appropriate. ‘‘c. ACTION BY LICENSEES.—The Commission shall ensure that an affected licensee corrects those material defects in performance that adversely affect the ability of a private security force at that facility to defend against any applicable design basis threat. ‘‘d. FACILITIES UNDER HEIGHTENED THREAT LEVELS.—The Commission may suspend a security evaluation under this section if the Commission determines that the evaluation would compromise security at a nuclear facility under a heightened threat level. ‘‘e. REPORT.—Not less often than once each year, the Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report, in classified form and unclassified form, that describes the results of each security response evaluation conducted and any relevant corrective action taken by a licensee during the previous year.

Deadline.

‘‘SEC. 170E. DESIGN BASIS THREAT RULEMAKING.

42 USC 2210e.

‘‘a. RULEMAKING.—The Commission shall—

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