[Congressional Record Volume 151, Number 48 (Wednesday, April 20, 2005)]
[Senate]
[Pages S4034-S4036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INHOFE (for himself and Mr. Voinovich):
  S. 864. A bill to amend the Atomic Energy Act of 1954 to modify 
provisions relating to nuclear safety and security, and for other 
purposes; to the Committee on Environment and Public Works.
  Mr. INHOFE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 864

       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:

[[Page S4035]]

     ``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

[[Page S4036]]

     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''.
                                 ______