II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Safety and 

5 Security Act of 2005’’. 

6 SEC. 2. DEFINITION OF COMMISSION. 

7 In this Act, the term ‘‘Commission’’ means the Nu8 clear Regulatory Commission. 
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1 SEC. 3. GENERAL PROVISIONS. 

2 Section 161 of the Atomic Energy Act of 1954 (42 

3 U.S.C. 2201) is amended— 

4 (1) by striking ‘‘SEC. 161’’ and all that follows 

5 through ‘‘authorized to—’’ and inserting the fol6 lowing: 

7 ‘‘SEC. 161. GENERAL PROVISIONS.’’; 

8 (2) in each of subsections a., b., c., d., e., f., h., 

9 i., j., m., n., o., p., s., t., v., and w., by inserting ‘‘In 

10 carrying out the duties of the Commission, the Com11 mission may’’ after the subsection designation; 

12 (3) in subsection u., by striking ‘‘(1) enter 

13 into’’ and inserting ‘‘In carrying out the duties of 

14 the Commission, the Commission may— 

15 ‘‘(1) enter into’’; 

16 (4) in subsection x., by striking ‘‘Establish’’ 

17 and inserting ‘‘In carrying out the duties of the 

18 Commission, the Commission may establish’’; 

19 (5) in each of subsections a., b., c., d., e., f., h., 

20 j., m., n., s., and v., by striking the semicolon at the 

21 end and inserting a period; 

22 (6) in subsection o., by striking ‘‘; and’’ at the 

23 end and inserting a period; 

24 (7) in subsection t., by striking the semicolon at 

25 the end; and 

26 (8) by indenting each subdivision appropriately. 
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1 SEC. 4. USE OF FIREARMS BY SECURITY PERSONNEL. 

2 The Atomic Energy Act of 1954 is amended by in3 serting after section 161 (42 U.S.C. 2201) the following: 

4 ‘‘SEC. 161A. USE OF FIREARMS BY SECURITY PERSONNEL. 

5 ‘‘(a) DEFINITIONS.—In this section, the terms ‘hand6 gun’, ‘rifle’, ‘shotgun’, ‘firearm’, ‘ammunition’, ‘machine7 gun’, ‘short-barreled shotgun’, and ‘short-barreled rifle’ 

8 have the meanings given the terms in section 921(a) of 

9 title 18, United States Code. 

10 ‘‘(b) AUTHORIZATION.—Notwithstanding subsections 

11 (a)(4), (a)(5), (b)(2), (b)(4), and (o) of section 922 of title 

12 18, United States Code, section 925(d)(3) of title 18, 

13 United States Code, section 5844 of the Internal Revenue 

14 Code of 1986, and any law (including regulations) of a 

15 State or a political subdivision of a State that prohibits 

16 the transfer, receipt, possession, transportation, importa17 tion, or use of a handgun, a rifle, a shotgun, a short-bar18 reled shotgun, a short-barreled rifle, a machinegun, a 

19 semiautomatic assault weapon, ammunition for any such 

20 gun or weapon, or a large capacity ammunition feeding 

21 device, in carrying out the duties of the Commission, the 

22 Commission may authorize the security personnel of any 

23 licensee or certificate holder of the Commission (including 

24 an employee of a contractor of such a licensee or certifi25 cate holder) to transfer, receive, possess, transport, im-
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1 port, and use 1 or more such guns, weapons, ammunition, 

2 or devices, if the Commission determines that— 

3 ‘‘(1) the authorization is necessary to the dis4 charge of the official duties of the security per5 sonnel; and 

6 ‘‘(2) the security personnel— 

7 ‘‘(A) are not otherwise prohibited from 

8 possessing or receiving a firearm under Federal 

9 or State laws relating to possession of firearms 

10 by a certain category of persons; 

11 ‘‘(B) have successfully completed any re12 quirement under this section for training in the 

13 use of firearms and tactical maneuvers; 

14 ‘‘(C) are engaged in the protection of— 

15 ‘‘(i) a facility owned or operated by a 

16 licensee or certificate holder of the Com17 mission that is designated by the Commis18 sion; or 

19 ‘‘(ii) radioactive material or other 

20 property owned or possessed by a licensee 

21 or certificate holder of the Commission, or 

22 that is being transported to or from a fa23 cility owned or operated by such a licensee 

24 or certificate holder, and that has been de25 termined by the Commission to be of sig-
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1 nificance to the common defense and secu2 rity or public health and safety; and 

3 ‘‘(D) are discharging the official duties of 

4 the security personnel in transferring, receiving, 

5 possessing, transporting, or importing the 

6 weapons, ammunition, or devices. 

7 ‘‘(c) BACKGROUND CHECKS.—A person that receives, 

8 possesses, transports, imports, or uses a weapon, ammuni9 tion, or a device under subsection (b) shall be subject to 

10 a background check by the Attorney General, based on 

11 fingerprints and including a background check under sec12 tion 103(b) of the Brady Handgun Violence Prevention 

13 Act (Public Law 103–159; 18 U.S.C. 922 note) to deter14 mine whether the person is prohibited from possessing or 

15 receiving a firearm under Federal or State law. 

16 ‘‘(d) EFFECTIVE DATE.—This section takes effect on 

17 the date on which regulations are promulgated by the 

18 Commission, with the approval of the Attorney General, 

19 to carry out this section.’’ 

20 SEC. 5. FINGERPRINTING AND CRIMINAL HISTORY RECORD 

21 CHECKS. 

22 Section 149 of the Atomic Energy Act of 1954 (42 

23 U.S.C. 2169) is amended— 

24 (1) in subsection a.— 
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1 (A) by striking ‘‘a. The Nuclear’’ and all 

2 that follows through ‘‘section 147.’’ and insert3 ing the following: 

4 ‘‘a.(1)(A)(i) The Commission shall require each indi5 vidual or entity described in clause (ii) to fingerprint each 

6 individual described in subparagraph (B) before the indi7 vidual described in subparagraph (B) is permitted access 

8 under subparagraph (B). 

9 ‘‘(ii) The individuals and entities referred to in clause 

10 (i) are individuals and entities that, on or before the date 

11 on which an individual is permitted access under subpara12 graph (B)— 

13 ‘‘(I) are licensed or certified to engage in an ac14 tivity subject to regulation by the Commission; 

15 ‘‘(II) have filed an application for a license or 

16 certificate to engage in an activity subject to regula17 tion by the Commission; or 

18 ‘‘(III) have notified the Commission in writing 

19 of an intent to file an application for licensing, cer20 tification, permitting, or approval of a product or ac21 tivity subject to regulation by the Commission. 

22 ‘‘(B) The Commission shall require to be 

23 fingerprinted any individual who— 

24 ‘‘(i) is permitted unescorted access to— 

25 ‘‘(I) a utilization facility; or 
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1 ‘‘(II) radioactive material or other property 

2 subject to regulation by the Commission that 

3 the Commission determines to be of such sig4 nificance to the public health and safety or the 

5 common defense and security as to warrant 

6 fingerprinting and background checks; or 

7 ‘‘(ii) is permitted access to safeguards informa8 tion under section 147.’’; 

9 (B) by striking ‘‘All fingerprints obtained 

10 by a licensee or applicant as required in the 

11 preceding sentence’’ and inserting the following: 

12 ‘‘(2) All fingerprints obtained by an individual or en13 tity as required in paragraph (1)’’; 

14 (C) by striking ‘‘The costs of any identi15 fication and records check conducted pursuant 

16 to the preceding sentence shall be paid by the 

17 licensee or applicant.’’ and inserting the fol18 lowing: 

19 ‘‘(3) The costs of an identification or records check 

20 under paragraph (2) shall be paid by the individual or en21 tity required to conduct the fingerprinting under para22 graph (1)(A).’’; and 

23 (D) by striking ‘‘Notwithstanding any 

24 other provision of law, the Attorney General 

25 may provide all the results of the search to the 
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1 Commission, and, in accordance with regula2 tions prescribed under this section, the Com3 mission may provide such results to licensee or 

4 applicant submitting such fingerprints.’’ and in5 serting the following: 

6 ‘‘(4) Notwithstanding any other provision of law— 

7 ‘‘(A) the Attorney General may provide any re8 sult of an identification or records check under para9 graph (2) to the Commission; and 

10 ‘‘(B) the Commission, in accordance with regu11 lations prescribed under this section, may provide 

12 the results to the individual or entity required to 

13 conduct the fingerprinting under paragraph 

14 (1)(A).’’; 

15 (2) in subsection c.— 

16 (A) by striking ‘‘, subject to public notice 

17 and comment, regulations—’’ and inserting ‘‘re18 quirements—’’; and 

19 (B) in paragraph (2)(B), by striking 

20 ‘‘unescorted access to the facility of a licensee 

21 or applicant’’ and inserting ‘‘unescorted access 

22 to a utilization facility, radioactive material, or 

23 other property described in subsection 

24 a.(1)(B)’’; 
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1 (3) by redesignating subsection d. as subsection 

2 e.; and 

3 (4) by inserting after subsection c. the fol4 lowing: 

5 ‘‘d. The Commission may require a person or indi6 vidual to conduct fingerprinting under subsection a.(1) by 

7 authorizing or requiring the use of any alternative biomet8 ric method for identification that has been approved by— 

9 ‘‘(1) the Attorney General; and 

10 ‘‘(2) the Commission, by regulation.’’. 

11 SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS 

12 WEAPONS. 

13 Section 229 of the Atomic Energy Act of 1954 (42 

14 U.S.C. 2278a) is amended— 

15 (1) by striking ‘‘SEC. 229, TRESPASS UPON

16 COMMISSION INSTALLATIONS.—’’ and inserting the 

17 following: 

18 ‘‘SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.’’; 

19 (2) by adjusting the indentations of subsections 

20 a., b., and c. so as to reflect proper subsection in21 dentations; and 

22 (3) in subsection a.— 

23 (A) in the first sentence, by striking ‘‘a. 

24 The’’ and inserting the following: 

25 ‘‘a.(1) The’’; 
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1 (B) in the second sentence, by striking 

2 ‘‘Every’’ and inserting the following: 

3 ‘‘(2) Every’’; and 

4 (C) in paragraph (1) (as designated by 

5 subparagraph (A))— 

6 (i) by striking ‘‘or in the custody’’ and 

7 inserting ‘‘in the custody’’; and 

8 (ii) by inserting ‘‘, or subject to the li9 censing authority of the Commission or 

10 certification by the Commission under this 

11 Act or any other Act’’ before the period. 

12 SEC. 7. SABOTAGE OF NUCLEAR FACILITIES, FUEL, OR DES13 IGNATED MATERIAL. 

14 (a) IN GENERAL.—Section 236a. of the Atomic En15 ergy Act of 1954 (42 U.S.C. 2284(a)) is amended— 

16 (1) in paragraph (2), by striking ‘‘storage facil17 ity’’ and inserting ‘‘treatment, storage, or disposal 

18 facility’’; 

19 (2) in paragraph (3)— 

20 (A) by striking ‘‘such a utilization facility’’ 

21 and inserting ‘‘a utilization facility licensed 

22 under this Act’’; and 

23 (B) by striking ‘‘or’’ at the end; 

24 (3) in paragraph (4)— 
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1 (A) by striking ‘‘facility licensed’’ and in2 serting ‘‘, uranium conversion, or nuclear fuel 

3 fabrication facility licensed or certified’’; and 

4 (B) by striking the comma at the end and 

5 inserting a semicolon; and 

6 (4) by inserting after paragraph (4) the fol7 lowing: 

8 ‘‘(5) any production, utilization, waste storage, 

9 waste treatment, waste disposal, uranium enrich10 ment, uranium conversion, or nuclear fuel fabrica11 tion facility subject to licensing or certification 

12 under this Act during construction of the facility, if 

13 the destruction or damage caused or attempted to be 

14 caused could adversely affect public health and safe15 ty during the operation of the facility; 

16 ‘‘(6) any primary facility or backup facility 

17 from which a radiological emergency preparedness 

18 alert and warning system is activated; or 

19 ‘‘(7) any radioactive material or other property 

20 subject to regulation by the Commission that, before 

21 the date of the offense, the Commission determines, 

22 by order or regulation published in the Federal Reg23 ister, is of significance to the public health and safe24 ty or to common defense and security;’’. 
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1 (b) CONFORMING AMENDMENT.—Section 236 of the 

2 Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended 

3 by striking ‘‘intentionally and willfully’’ each place it ap4 pears and inserting ‘‘knowingly’’. 

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