[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1586 Committee Discharged Senate (CDS)]







107th CONGRESS
  1st Session
                                S. 1586

  To amend the Atomic Energy Act of 1954 to authorize the carrying of 
      firearms by employees of licensees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2001

Mr. Inhofe (for himself and Mr. Smith of New Hampshire) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                            November 5, 2001

  Committee discharged; referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Atomic Energy Act of 1954 to authorize the carrying of 
      firearms by employees of licensees, 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. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    (a) In General.--Chapter 14 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2201 et seq.) is amended--
            (1) in section 161, by striking subsection k. and inserting 
        the following:
    ``k. authorize 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 the interest of 
the common defense and security;'' and
            (2) by adding at the end the following:

``SEC. 170C. CARRYING OF FIREARMS.

    ``(a) Authority To Make Arrest.--
            ``(1) In general.--A person authorized under section 161k. 
        to carry a firearm may, while in the performance of, and in 
        connection with, official duties, 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--
                    ``(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.--The Secretary and the Commission, with 
        the approval of the Attorney General, shall issue guidelines to 
        implement section 161k. and this subsection.''.
    (b) 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. 170C. Carrying of firearms.''.

SEC. 2. 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. 3. 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 paragraph (2), by striking ``storage facility'' and 
        inserting ``storage, treatment, or disposal facility'';
            (2) 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;
            (3) 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
            (4) by adding at the end 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 
        person knows or reasonably should know that there is a 
        significant possibility that the destruction or damage caused 
        or attempted to be caused could adversely affect public health 
        and safety during the operation of the facility;''.
                                 <all>