[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3016 Reported in House (RH)]

                                                 Union Calendar No. 148
107th CONGRESS
  1st Session
                                H. R. 3016

                      [Report No. 107-231, Part I]

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 strengthen 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

                            October 9, 2001

  Reported from the Committee on Energy and Commerce with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 9, 2001

Referral to the Committee on the Judiciary extended for a period ending 
                    not later than October 12, 2001

                            October 12, 2001

 Referral to the Committee on the Judiciary extended for a period not 
                      later than October 16, 2001

                            October 16, 2001

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on October 
                                3, 2001]

_______________________________________________________________________

                                 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 strengthen 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 promulgated under subsection (f),'' 
                and inserting ``shall by regulation'';
                    (B) in subsection (e), in the matter preceding 
                paragraph (1), by striking ``shall, through regulations 
                promulgated 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 the heading for paragraph (1), by 
                        striking ``agents'' and inserting ``agents and 
                        toxins''; and
                    (D) in the heading for subsection (e), 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 161 k. 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 229 a. 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 236 a. 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.''.




                                                 Union Calendar No. 148

107th CONGRESS

  1st Session

                               H. R. 3016

                      [Report No. 107-231, Part I]

_______________________________________________________________________

                                 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 strengthen security at certain nuclear facilities, 
                        and for other purposes.

_______________________________________________________________________

                            October 16, 2001

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed