[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 452. Mr. UDALL (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XXXII, add the following:

     SEC. 3204. HEALTH AND SAFETY OF EMPLOYEES AND CONTRACTORS OF 
                   DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

       Section 312(a) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2286a(a)) is amended by inserting before the period at the 
     end the following: ``, including with respect to the health 
     and safety of employees and contractors at such facilities''.

     SEC. 3205. ACCESS OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
                   TO FACILITIES, PERSONNEL, AND INFORMATION.

       Section 314 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2286c) is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary of Energy'' and inserting 
     ``Except as specifically provided by this section, the 
     Secretary of Energy'';
       (B) by striking ``ready access'' both places it appears and 
     inserting ``prompt and unfettered access''; and
       (C) by adding at the end the following new sentence: ``The 
     access provided to facilities, personnel, and information 
     under this subsection shall be provided without regard to the 
     hazard or risk category assigned to a facility by the 
     Secretary.''; and
       (2) by striking subsection (b) and inserting the following 
     new subsections:
       ``(b) Authority of Secretary Deny Information.--The 
     Secretary may only deny access to information pursuant to 
     subsection (a)--
       ``(1) to any person who--
       ``(A) has not been granted an appropriate security 
     clearance or access authorization by the Secretary; or
       ``(B) does not need such access in connection with the 
     duties of such person; or
       ``(2) if such denial is authorized by a provision of 
     Federal law that specifically limits the right of the Board 
     to access such information.
       ``(c) Application of Nondisclosure Protections by Board.--
     The Board may not publicly disclose information provided 
     under this section if such information is otherwise protected 
     from disclosure by law, including deliberative process 
     information.''.
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