[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3016 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3016
To amend the Antiterrorism and Effective Death Penalty Act of 1996 with
respect to the responsibilities of the Secretary of Health and Human
Services regarding biological agents and toxins, and to amend title 18,
United States Code, with respect to such agents and toxins, to clarify
the application of cable television system privacy requirements to new
cable services, to strenghen security at certain nuclear facilities,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 3, 2001
Mr. Tauzin (for himself and Mr. Dingell) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Antiterrorism and Effective Death Penalty Act of 1996 with
respect to the responsibilities of the Secretary of Health and Human
Services regarding biological agents and toxins, and to amend title 18,
United States Code, with respect to such agents and toxins, to clarify
the application of cable television system privacy requirements to new
cable services, to strenghen security at certain nuclear facilities,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--BIOTERRORISM PREVENTION
SEC. 101. EXPANSION OF BIOLOGICAL WEAPONS STATUTE.
(a) Select Agents.--
(1) In general.--Section 175 of title 18, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
subsection:
``(b) Select Agents.--
``(1) Unsafe handling.--
``(A) In general.--Whoever possesses, uses, or
exercises control over a select agent in a manner
constituting reckless disregard for the public health
and safety, knowing the select agent to be a biological
agent or toxin, shall be fined under this title,
imprisoned for not more than one year, or both.
``(B) Aggravated offense.--Whoever, in the course
of a violation of subparagraph (A), causes bodily
injury to another shall be fined under this title, or
imprisoned for not more than 10 years, or both; except
that if death results from such violation, the person
committing the violation shall be fined under this
title, or imprisoned for any term of years or for life,
or both.
``(2) Unregistered for possession.--Whoever knowingly
possesses a biological agent or toxin where such agent or toxin
is a select agent for which such person has not obtained a
registration under section 511(f) of the Antiterrorism and
Effective Death Penalty Act of 1996 shall be fined under this
title, or imprisoned for not more than 5 years, or both.
``(3) Transfer to unregistered person.--Whoever knowingly
transfers a select agent to a person who has not obtained a
registration under section 511(e) of the Antiterrorism and
Effective Death Penalty Act of 1996 shall be fined under this
title, or imprisoned for not more than 5 years, or both.
``(4) Restricted persons.--Whoever is a restricted person
and knowingly ships or transports a select agent in interstate
or foreign commerce, or knowingly receives a select agent so
shipped or transported, or knowingly possesses a select agent
in or affecting interstate or foreign commerce, shall be fined
under this title, or imprisoned for not more than 5 years, or
both. The preceding sentence does not apply with respect to any
duly authorized governmental activity under title V of the
National Security Act of 1947.''.
(2) Definitions.--Section 175 of title 18, United States
Code, as amended by paragraph (1) of this subsection, is
amended by amending subsection (c) to read as follows:
``(c) Definitions.--As used in this section:
``(1) The terms `biological agent' and `toxin' have the
meanings given such terms in section 178, except that, for
purposes of subsection (b), such terms do not encompass any
biological agent or toxin that is in its naturally occurring
environment, if the biological agent or toxin has not been
cultivated, cultured, collected, or otherwise extracted from
its natural source.
``(2) The term `bodily injury' has the meaning given such
term in section 1365.
``(3) The term ``for use as a weapon'' includes the
development, production, transfer, acquisition, retention, or
possession of any biological agent, toxin, or delivery system,
other than for prophylactic, protective, or other peaceful
purposes.
``(4)(A) The term `restricted person' means a person--
``(i) who is described in section 922(g), as such
section was in effect on the day before the effective
date of this paragraph; or
``(ii) who is an alien, other than an alien
lawfully admitted for permanent residence or an alien
who under subparagraph (B) is considered not to be a
restricted person.
``(B) For purposes of subparagraph (A)(ii):
``(i) An alien is considered not to be a restricted
person if the alien is within a category designated
under clause (ii) of this subparagraph.
``(ii) The Secretary of Health and Human Services,
in consultation with the Attorney General, may
designate categories of individuals who have--
``(I) nonimmigrant visas as defined in
section 101(a)(26) of the Immigration and
Nationality Act; and
``(II) expertise valuable to the United
States regarding select agents.
``(5) The term `select agent' means a biological agent or
toxin, as defined in paragraph (1), that--
``(A) is on the list that is in effect pursuant to
section 511(d)(1) of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132); and
``(B) has not been exempted from the applicability
of regulations under section 511(e) of such Act.''.
(3) Effective date regarding restricted persons;
regulations.--
(A) Effective date.--Section 175(b)(4) of title 18,
United States Code, as added by subsection (a)(1)(B) of
this section, takes effect upon the expiration of the
90-day period beginning on the date of the enactment of
this Act.
(B) Regulations.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall determine whether the
Secretary will designate any categories or individuals
for purposes of section 175(c)(4)(B) of title 18,
United States Code, as added by subsection (a)(1)(B) of
this section. If the Secretary determines that one or
more such categories will be designated, the Secretary
shall promulgate an interim final rule for purposes of
such section not later than 60 days after such date of
enactment.
(4) Conforming amendment.--Section 175(a) of title 18,
United States Code, is amended in the second sentence by
striking ``under this section'' and inserting ``under this
subsection''.
(b) Amendments to Antiterrorism and Effective Death Penalty Act of
1996.--
(1) Possession and use.--
(A) In general.--Section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law
104-132) is amended--
(i) by striking subsection (f);
(ii) by redesignating subsection (g) as
subsection (i); and
(iii) by inserting after subsection (e) the
following subsection:
``(f) Possession and Use of Listed Biological Agents and Toxins.--
``(1) In general.--The Secretary shall by regulation
provide for the establishment and enforcement of standards and
procedures governing the possession and use of biological
agents and toxins listed pursuant to subsection (d)(1) in order
to protect the public health and safety, including safeguards
to prevent access to such agents and toxins for use in domestic
or international terrorism or for any other criminal purpose.
``(2) Registration.--Regulations under paragraph (1) shall
provide for registration requirements regarding the possession
and use of biological agents and toxins listed pursuant to
subsection (d)(1).''.
(B) Regulations.--
(i) Date certain for promulgation;
effective date regarding criminal and civil
penalties.--Not later than 30 days after the
date of the enactment of this Act, the
Secretary of Health and Human Services shall
promulgate an interim final rule for carrying
out section 511(f) of the Antiterrorism and
Effective Death Penalty Act of 1996, as added
by subparagraph (A) of this paragraph. Such
interim final rule takes effect 60 days after
the date on which such rule is promulgated,
including for purposes of--
(I) section 175(b)(2) of title 18,
United States Code (relating to
criminal penalties), as added by
subsection (a)(1)(B) of this section;
and
(II) section 511(h) of the
Antiterrorism and Effective Death
Penalty Act of 1996 (relating to civil
penalties), as added by paragraph (3)
of this subsection.
(ii) Submission of registration
applications.--In the case of a person who, as
of the date of the enactment of this Act, is in
possession of a biological agent or toxin that
is listed pursuant to section 511(d)(1) of the
Antiterrorism and Effective Death Penalty Act
of 1996, such person shall, in accordance with
the interim final rule promulgated under clause
(i), submit an application for a registration
to possess such agent or toxin not later than
30 days after the date on which such rule is
promulgated.
(2) Disclosures of information.--
(A) In general.--Section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996, as amended by
paragraph (1) of this subsection, is amended by
inserting after subsection (f) the following
subsection:
``(g) Disclosure of Information.--
``(1) In general.--Any information in the possession of any
Federal agency that identifies a person, or the geographic
location of a person, who is registered pursuant to regulations
under this section (including regulations promulgated before
the effective date of this subsection), and any site-specific
information relating to the type, quantity, or identity of a
biological agent or toxin listed pursuant to subsection (d)(1)
or the site-specific security mechanisms in place to protect
such agents and toxins, shall not be disclosed under section
552(a) of title 5, United States Code.
``(2) Disclosures for public health and safety; congress.--
Nothing in this section may be construed as preventing the head
of any Federal agency--
``(A) from making disclosures of information
described in paragraph (1) for purposes of protecting
the public health and safety; or
``(B) from making disclosures of such information
to any committee or subcommittee of the Congress with
appropriate jurisdiction, upon request.''.
(B) Effective date.--The effective date for the
amendment made by subparagraph (A) shall be the same as
the effective date for the final rule issued pursuant to section
511(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132).
(3) Civil penalties.--Section 511 of the Antiterrorism and
Effective Death Penalty Act of 1996, as amended by paragraphs
(1) and (2) of this subsection, is amended by inserting after
subsection (g) the following subsection:
``(h) Civil Penalty.--Any person who violates a regulation under
subsection (e) or (f) shall be subject to the United States for a civil
penalty in an amount not exceeding $250,000 in the case of an
individual and $500,000 in the case of any other person.''.
(4) Clarification of scope of select agent rule; terrorism;
responsibilities of secretary of health and human services.--
(A) In general.--Section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law
104-132) is amended--
(i) in each of subsections (d) and (e)--
(I) by inserting ``and toxins''
after ``agents'' each place such term
appears; and
(II) by inserting ``or toxin''
after ``agent'' each place such term
appears; and
(ii) in subsection (i) (as redesignated by
paragraph (1) of this subsection), in paragraph
(1), by striking ``the term `biological agent'
has'' and inserting ``the terms `biological
agent' and `toxin' have''.
(B) Effective date.--The effective date for the
amendments made by subparagraph (A) shall be as if the
amendments had been included in the enactment of
section 511 of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132).
(5) Conforming amendments.--Section 511 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132) is amended--
(A) in subsection (d)(1)(A), by striking ``shall,
through regulations under subsection (f),'' and
inserting ``shall by regulation'';
(B) in subsection (e), in the matter preceding
paragraph (1), by striking ``shall, through regulations
under subsection (f),'' and inserting ``shall by
regulation'';
(C) in subsection (d)--
(i) in the heading for the subsection, by
striking ``Agents'' and inserting ``Agents and
Toxins''; and
(ii) in paragraph (1), in the heading for
the paragraph, by striking ``agents'' and
inserting ``agents and toxins''; and
(D) in subsection (e), in the heading for the
subsection, by striking ``Agents'' and inserting
``Agents and Toxins''.
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Health and Human Services,
after consultation with other appropriate Federal agencies, shall
submit to the Congress a report that--
(1) describes the extent to which there has been compliance
by governmental and private entities with applicable
regulations under section 511 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132),
including the extent of compliance before the date of the
enactment of this Act, and including the extent of compliance
with regulations promulgated after such date of enactment;
(2) describes the future plans of the Secretary for
determining compliance with regulations under such section 511
and for taking appropriate enforcement actions; and
(3) provides any recommendations of the Secretary for
administrative or legislative initiatives regarding such
section 511.
TITLE II--CABLE TELEVISION PRIVACY PROVISIONS
SEC. 201. SCOPE OF COMMUNICATIONS ACT PROVISION.
Section 631 of the Communications Act of 1934 (47 U.S.C. 551) is
amended--
(1) in subsection (a)(1)(E), by striking ``and (h)'' and
inserting ``and (h)(2)'';
(2) in subsection (a)(2), by striking ``, other than
subsection (h)'';
(3) in subsection (c)(1), by inserting ``and subsection
(h)'' after ``paragraph (2)''; and
(4) by striking subsection (h) and inserting the following:
``(h)(1) Except as provided in paragraph (2), nothing in this
section restricts, impairs, conditions, or otherwise affects the
authority of a government entity to obtain personally identifiable
information concerning a subscriber from a multichannel video
programming distributor or other person pursuant to chapters 119, 121,
and 206 of title 18, United States Code.
``(2) A government entity may obtain information collected and
maintained by a multichannel video programming distributor or other
person concerning the selection of video programming by a subscriber of
any multichannel video programming distributor pursuant to a court
order only if, in the court proceeding relevant to such court order--
``(A) such entity offers clear and convincing evidence that
the subject of the information is reasonably suspected of
engaging in criminal activity and that the information sought
would be material evidence in the case; and
``(B) the subject of the information is afforded the
opportunity to appear and contest such entity's claim.''.
TITLE III--NUCLEAR FACILITY SECURITY
SEC. 301. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k))
is amended to read as follows:
``k. authorize such of its members, officers, and employees as it
deems necessary in the interest of the common defense and security to
carry firearms while in the discharge of their official duties. The
Commission may also authorize--
``(1) such of those 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 as it deems necessary in
the interests of the common defense and security; and
``(2) such of those employees of persons licensed or
certified by the Commission (including employees of contractors
of licensees or certificate holders) engaged in the protection
of property of (A) facilities owned or operated by a Commission
licensee or certificate holder that are designated by the
Commission, or (B) 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;
to carry firearms while in the discharge of their official duties. A
person authorized to carry firearms under this subsection may, while in
the performance of, and in connection with, official duties, make
arrests without warrant for any offense against the United States
committed in that person's presence or for any felony cognizable under
the laws of the United States if that person has reasonable grounds to
believe that the individual to be arrested has committed or is
committing such felony. 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 carry firearms under this
subsection may make such arrests only when the individual to be
arrested is within, or in direct flight from, the area of such offense.
A person granted authority to make arrests by this subsection may
exercise that authority only in the enforcement of laws regarding the
property of the United States in the custody of the Department of
Energy, the Nuclear Regulatory Commission, or a contractor of the
Department of Energy or Nuclear Regulatory Commission or of a licensee
or certificate holder of the Commission, laws applicable to facilities
owned or operated by a Commission licensee or certificate holder that
are designated by the Commission pursuant to this subsection and
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 any provision of
this Act that may subject an offender to a fine, imprisonment, or both.
The arrest authority conferred by this subsection is in addition to any
arrest authority under other laws. The Secretary and the Commission,
with the approval of the Attorney General, shall issue guidelines to
implement this subsection;''.
SEC. 302. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended by adding after ``custody of the Commission'' the following:
``or subject to its licensing authority or to certification by the
Commission under this Act or any other Act''.
SEC. 303. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended to read as follows:
``a. Any person who intentionally and willfully destroys or causes
physical damage to, or who intentionally and willfully attempts to
destroy or cause physical damage to--
``(1) any production facility or utilization facility
licensed under this Act;
``(2) any nuclear waste storage, treatment, or disposal
facility licensed under this Act;
``(3) any nuclear fuel for a utilization facility licensed
under this Act or any spent nuclear fuel from such a facility;
``(4) any uranium enrichment or nuclear fuel fabrication
facility licensed or certified by the Nuclear Regulatory
Commission; or
``(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 its construction where the destruction or
damage caused or attempted to be caused could affect public
health and safety during the operation of the facility,
shall be fined not more than $1,000,000 or imprisoned for up to life in
prison without parole, or both.''.
SEC. 304. ASSESSMENT OF VULNERABILITIES.
The Nuclear Regulatory Commission shall conduct a study to assess
the vulnerability of nuclear facilities certified by the Nuclear
Regulatory Commission to potential terrorist attacks. The study shall
include--
(1) an assessment of the design basis threat;
(2) an assessment of potential vulnerability of various
classes of such facilities;
(3) an identification of important protection measures for
both the near term and long term;
(4) an assessment of physical, cyber, biochemical, and
other terrorist threats; and
(5) recommendations for additional studies, research and
development, testing, and protections required to address the
threats identified.
An initial report identifying immediate concerns and protection
measures shall be transmitted to the Congress not later than 90 days
after the date of the enactment of this Act. A final report on the
study shall be transmitted to the Congress not later than 270 days
after the date of the enactment of this Act.
SEC. 305. DESIGN BASIS THREAT.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201-2210b) is amended by adding at the end the following new
section:
``Sec. 170C. Design Basis Threat.--
``a. The Nuclear Regulatory Commission, not later than 60 days
after the date of the enactment of this section, after consultation
with the Secretary of Defense, the Director of Central Intelligence,
the Director of the Federal Bureau of Investigation, the National
Security Advisor, the Director of Homeland Security (or any successor
official), and any other appropriate Federal, State, or nongovernmental
entities, shall commence a rulemaking to consider changes to the design
basis threat for facilities licensed by the Commission under this Act.
Within 1 year after the date of the enactment of this section, the
Commission shall issue a final rule revising the design basis threat
and associated regulations.
``b. Regulations issued under this section shall take into
account--
``(1) the events of September 11, 2001;
``(2) the potential for attack on facilities by multiple
coordinated teams totaling in the aggregate at least 20
individuals;
``(3) the potential for assistance in an attack from
several persons employed at the facility;
``(4) the potential for suicide attacks;
``(5) water-based and air-based threats;
``(6) the potential use of explosive devices of
considerable size and other modern weaponry;
``(7) the potential for attacks by persons with a
sophisticated knowledge of facility operations;
``(8) the threat of fires, especially fires of long
duration; and
``(9) protection of spent fuel storage pools and dry cask
storage, including after reactor closure.
``c. Regulations issued under this section shall establish
requirements for licensees relating to construction, operation,
security procedures, and emergency response, and shall require
conforming amendments to existing licenses.
``d. Regulations issued under this section shall require armed
escorts for all spent fuel shipments, capable of repelling attacks by a
large number of attackers working as several coordinated teams and
using sophisticated techniques and equipment.
``e. (1) Regulations issued under this section shall include the
establishment of an Operational Safeguards Response Evaluation program,
whose Director shall report directly to the Nuclear Regulatory
Commission, which shall ensure that the operational safeguards response
of each facility described in paragraph (2) is tested at least once
every 2 years to determine whether the design basis threat factors
identified in regulations issued under this section have been
adequately addressed.
``(2) Facilities subject to testing under paragraph (1) include
commercial nuclear powerplants, research reactors, spent fuel storage
facilities and associated support facilities and equipment, and any
other licensed facility the Nuclear Regulatory Commission considers
appropriate.
``f. Regulations issued under this section shall be reviewed and
revised as appropriate at least once every 5 years.''.
(b) Table of Sections Amendment.--The table of sections for chapter
14 of the Atomic Energy Act of 1954 is amended by adding at the end the
following new item:
``Sec. 170C. Design basis threat.''.
<all>