[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 864 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 864

To amend the Atomic Energy Act of 1954 to modify provisions relating to 
          nuclear safety and security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2005

  Mr. Inhofe (for himself and Mr. Voinovich) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Atomic Energy Act of 1954 to modify provisions relating to 
          nuclear safety and security, 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. SHORT TITLE.

    This Act may be cited as the ``Nuclear Safety and Security Act of 
2005''.

SEC. 2. DEFINITION OF COMMISSION.

    In this Act, the term ``Commission'' means the Nuclear Regulatory 
Commission.

SEC. 3. GENERAL PROVISIONS.

    Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is 
amended--
            (1) by striking ``Sec. 161'' and all that follows through 
        ``authorized to--'' and inserting the following:

``SEC. 161. GENERAL PROVISIONS.'';

            (2) in each of subsections a., b., c., d., e., f., h., i., 
        j., m., n., o., p., s., t., v., and w., by inserting ``In 
        carrying out the duties of the Commission, the Commission may'' 
        after the subsection designation;
            (3) in subsection u., by striking ``(1) enter into'' and 
        inserting ``In carrying out the duties of the Commission, the 
        Commission may--
            ``(1) enter into'';
            (4) in subsection x., by striking ``Establish'' and 
        inserting ``In carrying out the duties of the Commission, the 
        Commission may establish'';
            (5) in each of subsections a., b., c., d., e., f., h., j., 
        m., n., s., and v., by striking the semicolon at the end and 
        inserting a period;
            (6) in subsection o., by striking ``; and'' at the end and 
        inserting a period;
            (7) in subsection t., by striking the semicolon at the end; 
        and
            (8) by indenting each subdivision appropriately.

SEC. 4. USE OF FIREARMS BY SECURITY PERSONNEL.

    The Atomic Energy Act of 1954 is amended by inserting after section 
161 (42 U.S.C. 2201) the following:

``SEC. 161A. USE OF FIREARMS BY SECURITY PERSONNEL.

    ``(a) Definitions.--In this section, the terms `handgun', `rifle', 
`shotgun', `firearm', `ammunition', `machinegun', `short-barreled 
shotgun', and `short-barreled rifle' have the meanings given the terms 
in section 921(a) of title 18, United States Code.
    ``(b) Authorization.--Notwithstanding subsections (a)(4), (a)(5), 
(b)(2), (b)(4), and (o) of section 922 of title 18, United States Code, 
section 925(d)(3) of title 18, United States Code, section 5844 of the 
Internal Revenue Code of 1986, and any law (including regulations) of a 
State or a political subdivision of a State that prohibits the 
transfer, receipt, possession, transportation, importation, or use of a 
handgun, a rifle, a shotgun, a short-barreled shotgun, a short-barreled 
rifle, a machinegun, a semiautomatic assault weapon, ammunition for any 
such gun or weapon, or a large capacity ammunition feeding device, in 
carrying out the duties of the Commission, the Commission may authorize 
the security personnel of any licensee or certificate holder of the 
Commission (including an employee of a contractor of such a licensee or 
certificate holder) to transfer, receive, possess, transport, import, 
and use 1 or more such guns, weapons, ammunition, or devices, if the 
Commission determines that--
            ``(1) the authorization is necessary to the discharge of 
        the official duties of the security personnel; and
            ``(2) the security personnel--
                    ``(A) are not otherwise prohibited from possessing 
                or receiving a firearm under Federal or State laws 
                relating to possession of firearms by a certain 
                category of persons;
                    ``(B) have successfully completed any requirement 
                under this section for training in the use of firearms 
                and tactical maneuvers;
                    ``(C) are engaged in the protection of--
                            ``(i) a facility owned or operated by a 
                        licensee or certificate holder of the 
                        Commission that is designated by the 
                        Commission; or
                            ``(ii) radioactive material or other 
                        property owned or possessed by a licensee or 
                        certificate holder of the Commission, or that 
                        is being transported to or from a facility 
                        owned or operated by such a licensee or 
                        certificate holder, and that has been 
                        determined by the Commission to be of 
                        significance to the common defense and security 
                        or public health and safety; and
                    ``(D) are discharging the official duties of the 
                security personnel in transferring, receiving, 
                possessing, transporting, or importing the weapons, 
                ammunition, or devices.
    ``(c) Background Checks.--A person that receives, possesses, 
transports, imports, or uses a weapon, ammunition, or a device under 
subsection (b) shall be subject to a background check by the Attorney 
General, based on fingerprints and including a background check under 
section 103(b) of the Brady Handgun Violence Prevention Act (Public Law 
103-159; 18 U.S.C. 922 note) to determine whether the person is 
prohibited from possessing or receiving a firearm under Federal or 
State law.
    ``(d) Effective Date.--This section takes effect on the date on 
which regulations are promulgated by the Commission, with the approval 
of the Attorney General, to carry out this section.''

SEC. 5. FINGERPRINTING AND 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.(1)(A)(i) The Commission shall require each individual or 
entity described in clause (ii) to fingerprint each individual 
described in subparagraph (B) before the individual described in 
subparagraph (B) is permitted access under subparagraph (B).
    ``(ii) The individuals and entities referred to in clause (i) are 
individuals and entities that, on or before the date on which an 
individual is permitted access under subparagraph (B)--
            ``(I) are licensed or certified to engage in an activity 
        subject to regulation by the Commission;
            ``(II) have filed an application for a license or 
        certificate to engage in an activity subject to regulation by 
        the Commission; or
            ``(III) have notified the Commission in writing of an 
        intent to file an application for licensing, certification, 
        permitting, or approval of a product or activity subject to 
        regulation by the Commission.
    ``(B) The Commission shall require to be fingerprinted any 
individual who--
            ``(i) is permitted unescorted access to--
                    ``(I) a utilization facility; or
                    ``(II) 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; or
            ``(ii) is permitted access to safeguards information under 
        section 147.'';
                    (B) by striking ``All fingerprints obtained by a 
                licensee or applicant as required in the preceding 
                sentence'' and inserting the following:
    ``(2) All fingerprints obtained by an individual or entity as 
required in paragraph (1)'';
                    (C) by striking ``The costs of any identification 
                and records check conducted pursuant to the preceding 
                sentence shall be paid by the licensee or applicant.'' 
                and inserting the following:
    ``(3) The costs of an identification or records check under 
paragraph (2) shall be paid by the individual or entity required to 
conduct the fingerprinting under paragraph (1)(A).''; and
                    (D) by striking ``Notwithstanding any other 
                provision of law, the Attorney General may provide all 
                the results of the search to the Commission, and, in 
                accordance with regulations prescribed under this 
                section, the Commission may provide such results to 
                licensee or applicant submitting such fingerprints.'' 
                and inserting the following:
    ``(4) Notwithstanding any other provision of law--
            ``(A) the Attorney General may provide any result of an 
        identification or records check under paragraph (2) to the 
        Commission; and
            ``(B) the Commission, in accordance with regulations 
        prescribed under this section, may provide the results to the 
        individual or entity required to conduct the fingerprinting 
        under paragraph (1)(A).'';
            (2) in subsection c.--
                    (A) by striking ``, subject to public notice and 
                comment, regulations--'' and inserting ``requirements--
                ''; and
                    (B) in paragraph (2)(B), by striking ``unescorted 
                access to the facility of a licensee or applicant'' and 
                inserting ``unescorted access to a utilization 
                facility, radioactive material, or other property 
                described in subsection a.(1)(B)'';
            (3) by redesignating subsection d. as subsection e.; and
            (4) by inserting after subsection c. the following:
    ``d. The Commission may require a person or individual to conduct 
fingerprinting under subsection a.(1) by authorizing or requiring the 
use of any alternative biometric method for identification that has 
been approved by--
            ``(1) the Attorney General; and
            ``(2) the Commission, by regulation.''.

SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229 of the Atomic Energy Act of 1954 (42 U.S.C. 2278a) is 
amended--
            (1) by striking ``Sec. 229, Trespass Upon Commission 
        Installations.--'' and inserting the following:

``SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.'';

            (2) by adjusting the indentations of subsections a., b., 
        and c. so as to reflect proper subsection indentations; and
            (3) in subsection a.--
                    (A) in the first sentence, by striking ``a. The'' 
                and inserting the following:
    ``a.(1) The'';
                    (B) in the second sentence, by striking ``Every'' 
                and inserting the following:
    ``(2) Every''; and
                    (C) in paragraph (1) (as designated by subparagraph 
                (A))--
                            (i) by striking ``or in the custody'' and 
                        inserting ``in the custody''; and
                            (ii) by inserting ``, or subject to the 
                        licensing authority of the Commission or 
                        certification by the Commission under this Act 
                        or any other Act'' before the period.

SEC. 7. SABOTAGE OF NUCLEAR FACILITIES, FUEL, OR DESIGNATED MATERIAL.

    (a) In General.--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 ``treatment, storage, 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 
                ``, uranium conversion, or nuclear fuel fabrication 
                facility licensed or certified''; and
                    (B) by striking the comma at the end and inserting 
                a semicolon; and
            (4) by inserting after paragraph (4) the following:
            ``(5) any production, utilization, waste storage, waste 
        treatment, waste disposal, uranium enrichment, uranium 
        conversion, 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 Commission that, before the date of the 
        offense, the 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;''.
    (b) Conforming Amendment.--Section 236 of the Atomic Energy Act of 
1954 (42 U.S.C. 2284) is amended by striking ``intentionally and 
willfully'' each place it appears and inserting ``knowingly''.
                                 <all>