II Calendar No. 152 109th CONGRESS 1st Session S. 864 [Report No. 109–98] 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 July 1, 2005 Reported by Mr. Inhofe, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To amend the Atomic Energy Act of 1954 to modify provisions relating to nuclear safety and security, and for other purposes.

1.

Short title

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

2.

Definition of Commission

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

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:

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.

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:

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.

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. .

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:

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.

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.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Nuclear Security Act of 2005. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Commission. TITLE I—Nuclear Safety and Security Sec. 101. General provisions. Sec. 102. Use of firearms by security personnel. Sec. 103. Fingerprinting and criminal history record checks. Sec. 104. Security evaluations; design basis threat rulemaking. Sec. 105. Unauthorized introduction of dangerous weapons. Sec. 106. Sabotage of nuclear facilities, fuel, or designated material. Sec. 107. Whistleblower protection. Sec. 108. Office of Nuclear Security and Incident Response. Sec. 109. Spent fuel rods and segments. TITLE II—Dirty Bomb Prevention Sec. 201. Radiation source protection. Sec. 202. Treatment of accelerator-produced and other radioactive material as byproduct material.

2.

Definition of Commission

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

July 1, 2005 Reported with an amendment