99 006



107 th 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
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 Expenditures8
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


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 engaging

in 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;
* * * * * * *


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.

* * * * * * *

CHAPTER 18. ENFORCEMENT

* * * * * * *

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.
* * * * * * *

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.
* * * * * * *