[House Report 107-231]
[From the U.S. Government Publishing Office]



                                                                       
107th Congress                                            Rept. 107-231
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================







 
AMENDING 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 9, 2001.--Ordered to be printed

                                _______
                                

 Mr. Tauzin, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3016]

    The Committee on Energy and Commerce, to whom was referred 
the bill (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 strengthen security at certain 
nuclear facilities, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     7
Background and Need for Legislation..............................     7
Hearings.........................................................     8
Committee Consideration..........................................     8
Committee Votes..................................................     8
Committee Oversight Findings.....................................     8
Statement of General Performance Goals and Objectives............     8
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Committee Cost Estimate..........................................     9
Congressional Budget Office Estimate.............................     9
Federal Mandates Statement.......................................     9
Advisory Committee Statement.....................................     9
Constitutional Authority Statement...............................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    13

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

                    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.''.

                          Purpose and Summary

    The purpose of H.R. 3016 is to provide the Committee on 
Energy and Commerce's immediate legislative response to the 
terrorist attacks against the United States on September 11, 
2001.

                  Background and Need for Legislation

    In the wake of the terrorist attacks against the United 
States on September 11, 2001, Chairman W.J. ``Billy'' Tauzin 
and Ranking Minority Member John D. Dingell wrote to Executive 
Branch departments, agencies, and commissions within the 
Committee's jurisdiction to determine how the Committee could 
be of legislative assistance in the fight against terrorism. 
Among the responses to these September 14, 2001 letters, the 
Nuclear Regulatory Commission proposed three measures to 
increase security at certain nuclear facilities in the United 
States.
    The Bush Administration, acting through Attorney General 
John Ashcroft, transmitted to the Congress an anti-terrorism 
legislative proposal soon after September 11. This proposal 
contained two items in the Committee's jurisdiction: (1) 
provisions for the possession and transfer of select agents 
posing a bioterrorism threat and (2) provisions clarifying the 
scope of law enforcement's ability to gain access to certain 
cable communications information.
    While H.R. 3016 represents the Committee's immediate anti-
terrorism work, the Committee is undergoing a complete 
evaluation of the matters within its jurisdiction to determine 
how it can improve the security of the American people and the 
country's critical infrastructures in the war against 
terrorism.

                                Hearings

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        Committee Consideration

    On Wednesday, October 3, 2001, the Full Committee met in 
open markup session and favorably ordered reported a Committee 
Print 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; a Committee Print to 
clarify the application of cable television system privacy 
requirements to new cable services; and a Committee Print to 
strengthen security at certain nuclear facilities, and for 
other purposes, all as amended, by voice vote, a quorum being 
present. The Committee also agreed to a unanimous consent 
request by Chairman Tauzin to incorporate the three Committee 
Prints into a bill to be introduced, H.R. 3016, and to allow 
for this report to be filed on that bill.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 3016 reported.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

         Statement of General Performance Goals and Objectives

    The goal of H.R. 2587 is to provide the necessary 
legislative assistance to Departments and agencies of the 
Federal government in the war on terrorism.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that 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 strengthen security at certain nuclear 
facilities, and for other purposes, would result in no new or 
increased budget authority, entitlement authority, or tax 
expenditures or revenues.

  Committee Cost Estimate, Congressional Budget Office Estimate, and 
                       Federal Mandates Statement

    The Congressional Budget Office estimate required pursuant 
to clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives section 402 of the Congressional Budget Act of 
1974, and the estimate of Federal mandates required pursuant to 
section 423 of the Unfunded Mandates Reform Act were requested 
from the Congressional Budget Office, but were not prepared as 
of the date of filing of this report. The Congressional Budget 
Office estimate and accompanying materials will be contained in 
a supplemental report.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


                    TITLE I--BIOTERRORISM PREVENTION

Section 101. Expansion of biological weapons statute

    The Bioterrorism Prevention Act of 2001 is the culmination 
of an investigation begun in 1999 by the Oversight and 
Investigations Subcommittee deletion into how the Committee 
could improve the laws designed to control the possession, 
transfer and use of dangerous biological agents and toxins. 
This legislation extends the regulatory regime established by 
Congress five years ago to control transfers of ``select 
agents'' to now include controls on persons who knowingly 
possess them, and creates new criminal penalties for those who 
possess these agents without registration, or who transfer them 
to an unregistered person. These new provisions will facilitate 
convictions of persons involved in possession or transferring 
of such agents without legitimate purpose because it will not 
be necessary to prove intent to use the agent as a weapon, as 
current law requires.
    The bill also creates a new criminal provision governing 
those who handle select agents with reckless disregard for 
public health and safety deletion. It is not the Committee's 
intent to criminalize regulatory violations committed by 
regulated companies or other private and governmental entities, 
or even common negligence. Rather, by requiring reckless 
disregard to be shown, the Committee intends to create criminal 
penalties for persons who knowingly engage in conduct that 
represents an obvious and clear danger to others or to the 
public health and safety. The bill also provides for increased 
penalties for those who as a result of reckless handling of 
select agents cause a bodily injury or death.
    The Committee believes that the term ``select agent'' must 
be clearly defined on a list maintained and reviewed frequently 
by the Secretary of Health and Human Services (HHS), and that, 
at a minimum, possession of all such agents must be reported to 
the Secretary by those in possession. Nonetheless, the 
Committee recognizes that some select agents may pose a greater 
threat to the public health than others. The Secretary will 
have flexibility to impose different levels of registration, 
handling, and security requirements on different select agents 
based on his evaluation of the level of threat to the public.
    The Secretary must issue an interim final rule implementing 
this Act no later than 30 days following the date of enactment. 
The Committee understands that this is a relatively short time 
period, but expects HHS will simply modify its current 
regulatory regime to govern possessors as well as transferors. 
The primary goal of this Act is to ensure the prompt reporting 
to the Federal government of all possession of such agents 
(including by those who were in possession prior to April 15, 
1997, the effective date for reporting transfers of select 
agents), and to effectuate the new criminal provisions relating 
to unlawful possession. The Committee expects that HHS will 
further modify its existing regulations to address issues such 
as physical security, access controls, the credentials and 
security of personnel, and the reporting of loss or theft of 
select agents, as appropriate.
    The Committee also intends to restrict certain persons from 
possessing any select agents. By reference, the bill 
incorporates the list of persons who, on the day before the 
effective date of the bill, are forbidden to own a handgun for 
reason of criminal or pathological behavior. It is the 
Committee's intent to exclude the non-immigrant exceptions in 
922(y) of Title 18, so that those persons would not be exempt 
from the definition of restricted person in this bill. In 
general, aliens not lawfully admitted for permanent residence 
may not possess select agents. However, recognizing the 
importance of some researchers who may otherwise be banned from 
working on select agents, the Committee also grants the 
Secretary authority, in consultation with the Attorney General, 
to designate categories of aliens or particular individuals who 
may be admitted to the United States on non-immigrant visas to 
permit them to work with select agents. This waiver authority 
was granted so as not to unnecessarily impede collaborative 
public health activities with foreign governments or 
universities, or needed research into diseases caused by select 
agents and vaccines and other treatment regimes. The Committee 
does not expect the Department to establish a slow or 
burdensome waiver process, but rather a listing by the 
Secretary of those categories of foreign aliens that should not 
be a restricted person. Not later than 30 days after enactment, 
the Secretary shall determine whether or not any categories of 
non-immigrant aliens will be waived from the restricted 
persons' category. If so, an interim final rule establishing 
those categories and any procedure for granting individual 
waivers will be promulgated within 60 days after enactment. The 
section concerning restricted persons will go into effect 90 
days after enactment of this Act.
    It is crucial that all possessors register with HHS and 
report periodically as may be required under the regulations. 
At the same time, allowing access to this information under the 
Freedom of Information Act could provide valuable intelligence 
to potential terrorists and criminals. Therefore, the 
disclosure of identifying information concerning possessors, 
their registered select agents, and security mechanisms for 
protecting such agents is not required under the Freedom of 
Information Act, but Federal agencies may disclose this 
information to protect the public health and safety, as they 
deem appropriate. In no way does this provision ban the 
disclosure of necessary information to law enforcement 
personnel or other emergency responders.
    The Committee also has mandated a study due one year after 
enactment to inform Congress about the compliance with the 
existing and expanded regulatory regime for control of select 
agents, and to provide recommendations for administrative and 
legislative changes to help prevent misuse and illegal use of 
select agents.

             TITLE II--CABLE TELEVISION PRIVACY PROVISIONS

Section 201. Scope of Communications Act provision

    Section 201 clarifies that a governmental entity's access 
to information collected and maintained by a multichannel video 
programming distributor, or any other person, relating to the 
selection of video programming is governed by the provisions of 
section 631 of the Communications Act of 1934, as amended.
    Multichannel video programming distributors (MVPDs) are 
expanding their service offerings. Many of them now have the 
capability to provide Internet access as well as telephone 
service, in addition to traditional video programming. Section 
201 clarifies that a governmental entity's access to 
information collected and maintained by an MVPD, or any other 
person, relating to the selection of video programming is 
governed by the provisions of Section 631 of the Communications 
Act of 1934, as amended. The Committee intends the phrase 
``information * * * concerning the selection of video 
programming'' to mean information about which video programming 
service or services a subscriber has purchased. Nothing in this 
section is intended to interfere with the ability of an MVPD to 
pursue legal remedies against persons who have engaged in theft 
of service under Sections 633 or 705, or any other applicable 
provision of law. Moreover, the phrase ``information * * * 
concerning the selection of video programming'' does not 
include information such as a subscriber's name, address, or 
the means of payment. ``Video programming'' is intended to 
refer to traditional video programming services comparable to 
broadcast television. See 47 U.S.C. 522 (20), as opposed to the 
emerging types of video programming services that enable 
subscribers to communicate with other viewers or subscribers. 
Moreover, to the extent an MVPD enables its subscribers to 
communicate with other persons through the provision of 
telephone service or Internet access service, it must comply 
with the same laws, found in title 18, governing the 
interception and disclosure of wire and electronic 
communications that apply to any other telephone company or 
Internet service provider. In these instances, Section 631(h) 
would not apply. In addition, it is the Committee's position 
that, at this time, streaming video content over the Internet 
does not meet the definition of video programming. The term 
``other person'' in this subsection refers only to a commercial 
entity that may not be an MVPD, but has in its possession, 
information concerning its own subscriber's selection of video 
programming. Examples of such entities are personal video 
recording services companies such as TiVo, UltimateTV, and 
ReplayTV, that collect and maintain information regarding a 
subscriber's viewing activities.

                  TITLE III--NUCLEAR FACILITY SECURITY

Section 301. Carrying of firearms by licensee employees

    Section 301 authorizes guards at certain facilities 
licensed or certified by the Commission to carry and use 
weapons where necessary to protect the facilities or prevent 
the theft of special nuclear materials. This section also 
permits guards so authorized to carry firearms to make arrests 
without warrant under certain specified circumstances. The 
language also prevents guards at such facilities from being 
prosecuted under State law for the discharge of firearms in the 
performance of official duties.
    Current statute permits such authority only for Department 
of Energy security forces, although several NRC-licensed or 
certified facilities also handle and store special nuclear 
materials. Under current law, guards at these facilities are 
constrained by the restrictions of State law, which may allow 
the use of weapons by guards only to protect their own lives or 
the lives of others, and not to prevent the theft or sabotage 
of radioactive materials. The section extends the same 
authorities and protections granted to DOE guards to guards at 
certain sites licensed or certified by the NRC.
    This provision could be a valuable asset in protecting 
national security assets which could be subject to theft or 
sabotage. The Committee expects that the NRC, in issuing its 
regulations to implement this authority, would adopt 
regulations similar to those promulgated by the U.S. Department 
of Energy, and would limit its application to employees at 
those facilities engaged in the protection of property of 
significance to the common defense and security of the United 
States or being transported to and from such facilities. Such 
facilities include, but are not limited to, production 
facilities licensed by the Commission which utilize special 
nuclear materials, or gaseous diffusion plants, at which guards 
must protect significant quantities of radioactive materials 
and the gaseous diffusion technology utilized to enrich 
uranium.

Section 302. Unauthorized introduction of dangerous weapons

    Section 302 expands current law authorizing the Commission 
to regulate the introduction of dangerous weapons onto its own 
facilities to include facilities licensed or certified by the 
Commission. This change ensures that the full range of 
facilities regulated by the Commission are subject to the 
statutory provisions prohibiting the introduction of 
unauthorized weapons or other dangerous instruments, providing 
an additional measure of security for materials which could be 
subject to theft or sabotage.

Section 303. Sabotage of nuclear facilities or fuel

    Section 303 expands current law prohibiting the sabotage or 
attempted sabotage of nuclear facilities to include nuclear 
waste treatment and disposal facilities and nuclear fuel 
fabrication facilities. This section also extends Federal 
criminal sanctions to the sabotage or attempted sabotage of 
NRC-licensed or certified facilities during the construction 
phase when public health and safety may be affected during 
subsequent facility operation. These changes ensure that the 
full range of NRC-licensed or certified facilities are covered 
under the statute's provisions.
    This section also increases the limit on fines from $10,000 
to $1,000,000 for any person who intentionally and willfully 
destroys or causes damage to nuclear facilities or nuclear 
fuel, and increases the prison term from a 10 year limit to up 
to life in prison without parole for the same offense.

Section 304. Assessment of vulnerabilities

    Section 304 directs the Commission to conduct a study to 
assess the vulnerability of nuclear facilities to potential 
terrorist attacks. The study is to include an assessment of the 
design basis threat, among other things. This section specifies 
that the Commission submit an initial report and a final report 
to Congress.

Section 305. Design basis threat

    Section 305 directs the Commission, after consultation with 
defense and intelligence agencies, to conduct a rulemaking to 
consider changes to the design basis threat for facilities 
licensed by the Commission and, within one year, issue a final 
rule revising the design basis threat, as well as associated 
regulations. The Commission is required to consider nine 
specific criteria (including the events of September 11, 2001) 
in addition to any other factors it may take into account when 
issuing regulations pursuant to this section. Regulations 
issued under this section shall establish requirements for 
licensees for the construction, operation, security procedures 
and emergency response of nuclear facilities and shall require 
conforming changes to existing licenses. The regulations are to 
be revised as appropriate, but at least once every five years. 
This section also requires the Commission to promulgate 
regulations with respect to spent fuel shipments. Finally, the 
section establishes an Operational Safeguards Response 
Evaluation program to ensure that specified NRC-licensed 
facilities are tested once every 2 years.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

            SECTION 175 OF THE TITLE 18, UNITED STATES CODE


Sec. 175. Prohibitions with respect to biological weapons

    (a) In General.--Whoever knowingly develops, produces, 
stockpiles, transfers, acquires, retains, or possesses any 
biological agent, toxin, or delivery system for use as a 
weapon, or knowingly assists a foreign state or any 
organization to do so, or attempts, threatens, or conspires to 
do the same, shall be fined under this title or imprisoned for 
life or any term of years, or both. There is extraterritorial 
Federal jurisdiction over an offense under this [section] 
subsection committed by or against a national of the United 
States.
    (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.
    [(b) Definition.--For purposes of this section, the term 
``for use as a weapon'' does not include the development, 
production, transfer, acquisition, retention, or possession of 
any biological agent, toxin, or delivery system for 
prophylactic, protective, or other peaceful purposes.]
    (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.
                              ----------                              


  SECTION 511 OF THE ANTITERRORISM AND EFFECTIVE DEATH PEANLTY ACT OF 
                                  1996


SEC. 511. ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL AGENTS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Regulatory Control of Biological Agents and Toxins.--
          (1) List of biological agents and toxins.--
                  (A) In general.--The Secretary [shall, 
                through regulations promulgated under 
                subsection (f),] shall by regulation establish 
                and maintain a list of each biological agent or 
                toxin that has the potential to pose a severe 
                threat to public health and safety.
                  (B) Criteria.--In determining whether to 
                include an agent or toxin on the list under 
                subparagraph (A), the Secretary shall--
                          (i) consider--
                                  (I) the effect on human 
                                health of exposure to the agent 
                                or toxin;
                                  (II) the degree of 
                                contagiousness of the agent or 
                                toxin and the methods by which 
                                the agent or toxin is 
                                transferred to humans;
                                  (III) the availability and 
                                effectiveness of immunizations 
                                to prevent and treatments for 
                                any illness resulting from 
                                infection by the agent or 
                                toxin; and
                                  (IV) any other criteria that 
                                the Secretary considers 
                                appropriate; and
                          (ii) consult with scientific experts 
                        representing appropriate professional 
                        groups.

           *       *       *       *       *       *       *

    (e) Regulation of Transfers of Listed Biological Agents and 
Toxins.--The Secretary [shall, through regulations promulgated 
under subsection (f),] shall by regulation provide for--
          (1) the establishment and enforcement of safety 
        procedures for the transfer of biological agents and 
        toxins listed pursuant to subsection (d)(1), including 
        measures to ensure--
                  (A) proper training and appropriate skills to 
                handle such agents and toxins; and
                  (B) proper laboratory facilities to contain 
                and dispose of such agents and toxins;
          (2) safeguards to prevent access to such agents and 
        toxins for use in domestic or international terrorism 
        or for any other criminal purpose;
          (3) the establishment of procedures to protect the 
        public safety in the event of a transfer or potential 
        transfer of a biological agent or toxin in violation of 
        the safety procedures established under paragraph (1) 
        or the safeguards established under paragraph (2); and
          (4) appropriate availability of biological agents and 
        toxins for research, education, and other legitimate 
        purposes.
    [(f) Regulations.--The Secretary shall carry out this 
section by issuing--
          [(1) proposed rules not later than 60 days after the 
        date of enactment of this Act; and
          [(2) final rules not later than 120 days after the 
        date of enactment of this Act.]
    (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).
    (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.
    (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.
    [(g)] (i) Definitions.--For purposes of this section--
          (1) [the term ``biological agent'' has] the terms 
        `biological agent' and ``toxin'' have the same meaning 
        as in section 178 of title 18, United States Code; and
          (2) the term ``Secretary'' means the Secretary of 
        Health and Human Services.
                              ----------                              


             SECTION 631 OF THE COMMUNICATIONS ACT OF 1934


SEC. 631. PROTECTION OF SUBSCRIBER PRIVACY.

    (a)(1) At the time of entering into an agreement to provide 
any cable service or other service to a subscriber and at least 
once a year thereafter, a cable operator shall provide notice 
in the form of a separate, written statement to such subscriber 
which clearly and conspicuously informs the subscriber of--
          (A) * * *

           *       *       *       *       *       *       *

          (E) the limitations provided by this section with 
        respect to the collection and disclosure of information 
        by a cable operator and the right of the subscriber 
        under subsections (f) and [(h)] (h)(2) to enforce such 
        limitations.
In the case of subscribers who have entered into such an 
agreement before the effective date of this section, such 
notice shall be provided within 180 days of such date and at 
least once a year thereafter.
    (2) For purposes of this section[, other than subsection 
(h)]--
          (A) * * *

           *       *       *       *       *       *       *

    (c)(1) Except as provided in paragraph (2) and subsection 
(h), a cable operator shall not disclose personally 
identifiable information concerning any subscriber without the 
prior written or electronic consent of the subscriber concerned 
and shall take such actions as are necessary to prevent 
unauthorized access to such information by a person other than 
the subscriber or cable operator.

           *       *       *       *       *       *       *

    [(h) A governmental entity may obtain personally 
identifiable information concerning a cable subscriber pursuant 
to a court order only if, in the court proceeding relevant to 
such court order--
          [(1) such entity offers clear and convincing evidence 
        that the subject of the information is reasonably 
        suspected of engagingin criminal activity and that the 
information sought would be material evidence in the case; and
          [(2) the subject of the information is afforded the 
        opportunity to appear and contest such entity's claim.]
    (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.
                              ----------                              


                       ATOMIC ENERGY ACT OF 1954


                            TABLE OF CONTENTS

                         TITLE I--ATOMIC ENERGY

     * * * * * * *

                      Chapter 14. General Authority

Sec. 161. General provisions.
     * * * * * * *
Sec. 170C. Design basis threat.
     * * * * * * *

                     CHAPTER 14. GENERAL AUTHORITY

    Sec. 161. General Provisions.--In the performance of its 
functions the Commission is authorized to--
          a. * * *

           *       *       *       *       *       *       *

          [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 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 and 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 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 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 (1) 
        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 (2) 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, with the approval of the Attorney General, 
        shall issue guidelines to implement this subsection;]
          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;

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    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.

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                       CHAPTER 18. ENFORCEMENT

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    Sec. 229, Trespass Upon Commission Installations.--
          a. The Commission is authorized to issue regulations 
        relating to the entry upon or carrying, transporting, 
        or otherwise introducing or causing to be introduced 
        any dangerous weapons, explosive, or other dangerous 
        instrument or material likely to produce substantial 
        injury or damage to persons or property, into or upon 
        any facility, installation, or real property subject to 
        the jurisdiction, administration, or in the custody of 
        the Commission or subject to its licensing authority or 
        to certification by the Commission under this Act or 
        any other Act. Every such regulation of the Commission 
        shall be posted conspicuously at the location involved.

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    Sec. 236. Sabotage of Nuclear Facilities or Fuel.--
    [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 facility licensed 
        under this Act;
          [(3) any nuclear fuel for such a utilization 
        facility, or any spent nuclear fuel from such a 
        facility; or
          [(4) any uranium enrichment facility licensed by the 
        Nuclear Regulatory Commission.
shall be fined not more than $10,000 or imprisoned for not more 
than ten years, or both.]
    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.

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