I
107TH CONGRESS
1ST SESSION
H. R. 3016
To amend the Antiterrorism and Effective Death Penalty Act of 1996 with
respect to the responsibilities of the Secretary of Health and Human
Services regarding biological agents and toxins, and to amend title 18,
United States Code, with respect to such agents and toxins, to clarify
the application of cable television system privacy requirements to new
cable services, to strenghen security at certain nuclear facilities, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 3, 2001
Mr. TAUZIN (for himself and Mr. DINGELL) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Antiterrorism and Effective Death Penalty
Act of 1996 with respect to the responsibilities of the
Secretary of Health and Human Services regarding bio-
logical 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 pri-
vacy requirements to new cable services, to strenghen
security at certain nuclear facilities, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—BIOTERRORISM
PREVENTION
SEC. 101. EXPANSION OF BIOLOGICAL WEAPONS STATUTE.
(a) SELECT AGENTS.—
(1) IN
GENERAL.—Section 175 of title 18,
United States Code, is amended—
(A) by redesignating subsection (b) as sub-
section (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.—Who-
ever 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 per-
son who has not obtained a registration under sec-
tion 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 re-
stricted 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 gov-
ernmental activity under title V of the National Se-
curity 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 sub-
section (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 cul-
tivated, 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 prophy-
lactic, 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 re-
stricted person if the alien is within a category
designated under clause (ii) of this subpara-
graph.
‘‘(ii) The Secretary of Health and Human
Services, in consultation with the Attorney Gen-
eral, 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 pursu-
ant to section 511(d)(1) of the Antiterrorism
and Effective Death Penalty Act of 1996 (Pub-
lic Law 104–132); and
‘‘(B) has not been exempted from the ap-
plicability 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 begin-
ning 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 Serv-
ices shall determine whether the Secretary will
designate any categories or individuals for pur-
poses 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 sec-
tion’’ and inserting ‘‘under this subsection’’.
(b) AMENDMENTS TO ANTITERRORISM AND EFFEC-
TIVE 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 reg-
ulation provide for the establishment and enforce-
ment of standards and procedures governing the
possession and use of biological agents and toxins
listed pursuant to subsection (d)(1) in order to pro-
tect the public health and safety, including safe-
guards 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 para-
graph (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
PROMULGA-
TION; EFFECTIVE DATE REGARDING CRIMI-
NAL
AND
CIVIL
PENALTIES.—Not later
than 30 days after the date of the enact-
ment 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 promul-
gated, including for purposes of—
(I) section 175(b)(2) of title 18,
United States Code (relating to crimi-
nal 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 in-
terim 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 sub-
section (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 sec-
tion (including regulations promulgated before the
effective date of this subsection), and any site-spe-
cific 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 tox-
ins, 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 informa-
tion described in paragraph (1) for purposes of
protecting the public health and safety; or
‘‘(B) from making disclosures of such in-
formation 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 Pen-
alty 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 ap-
pears; and
(ii) in subsection (i) (as redesignated
by paragraph (1) of this subsection), in
paragraph (1), by striking ‘‘the term ‘bio-
logical 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 in-
cluded in the enactment of section 511 of the
Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104–132).
(5) CONFORMING AMENDMENTS.—Section 511
of the Antiterrorism and Effective Death Penalty
Act of 1996 (Public Law 104–132) is amended—
(A) in subsection (d)(1)(A), by striking
‘‘shall, through regulations under subsection
(f),’’ and inserting ‘‘shall by regulation’’;
(B) in subsection (e), in the matter pre-
ceding paragraph (1), by striking ‘‘shall,
through regulations under subsection (f),’’ and
inserting ‘‘shall by regulation’’;
(C) in subsection (d)—
(i) in the heading for the subsection,
by 
striking 
‘‘AGENTS’’ 
and 
inserting
‘‘AGENTS AND TOXINS’’; and
(ii) in paragraph (1), in the heading
for the paragraph, by striking ‘‘AGENTS’’
and inserting ‘‘AGENTS AND TOXINS’’; and
(D) in subsection (e), in the heading for
the subsection, by striking ‘‘AGENTS’’ and in-
serting ‘‘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 enact-
ment;
(2) describes the future plans of the Secretary
for determining compliance with regulations under
such section 511 and for taking appropriate enforce-
ment actions; and
(3) provides any recommendations of the Sec-
retary for administrative or legislative initiatives re-
garding 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 sub-
section (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 per-
sonally 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 col-
lected and maintained by a multichannel video program-
ming 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 evi-
dence that the subject of the information is reason-
ably suspected of engaging in criminal activity and
that the information sought would be material evi-
dence 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 EMPLOY-
EES.
Section 161k. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(k)) is amended to read as follows:
‘‘k. authorize such of its members, officers, and em-
ployees as it deems necessary in the interest of the com-
mon defense and security to carry firearms while in the
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 cer-
tificate holder) authorized to carry firearms under this
subsection may make such arrests only when the indi-
vidual 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 author-
ity 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 con-
tractor of the Department of Energy or Nuclear Regu-
latory Commission or of a licensee or certificate holder of
the Commission, laws applicable to facilities owned or op-
erated by a Commission licensee or certificate holder that
are designated by the Commission pursuant to this sub-
section and property of significance to the common de-
fense 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 ad-
dition to any arrest authority under other laws. The Sec-
retary and the Commission, with the approval of the At-
torney General, shall issue guidelines to implement this
subsection;’’.
SEC. 302. UNAUTHORIZED INTRODUCTION OF DANGEROUS
WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42
U.S.C. 2278a(a)) is amended by adding after ‘‘custody of
the Commission’’ the following: ‘‘or subject to its licensing
authority or to certification by the Commission under this
Act or any other Act’’.
SEC. 303. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42
U.S.C. 2284(a)) is amended to read as follows:
‘‘a. Any person who intentionally and willfully de-
stroys or causes physical damage to, or who intentionally
and willfully attempts to destroy or cause physical damage
to—
‘‘(1) any production facility or utilization facil-
ity 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 li-
censed 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 Nu-
clear Regulatory Commission; or
‘‘(5) any production, utilization, waste storage,
waste treatment, waste disposal, uranium enrich-
ment, 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 facil-
ity,
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 cer-
tified 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, bio-
chemical, and other terrorist threats; and
(5) recommendations for additional studies, re-
search and development, testing, and protections re-
quired to address the threats identified.
An initial report identifying immediate concerns and pro-
tection 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 add-
ing 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 sec-
tion, after consultation with the Secretary of Defense, the
Director of Central Intelligence, the Director of the Fed-
eral Bureau of Investigation, the National Security Advi-
sor, the Director of Homeland Security (or any successor
official), and any other appropriate Federal, State, or non-
governmental 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 Com-
mission 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 estab-
lish requirements for licensees relating to construction, op-
eration, security procedures, and emergency response, and
shall require conforming amendments to existing licenses.
‘‘d. Regulations issued under this section shall re-
quire armed escorts for all spent fuel shipments, capable
of repelling attacks by a large number of attackers work-
ing as several coordinated teams and using sophisticated
techniques and equipment.
‘‘e. (1) Regulations issued under this section shall in-
clude the establishment of an Operational Safeguards Re-
sponse 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 reac-
tors, spent fuel storage facilities and associated support
facilities and equipment, and any other licensed facility
the Nuclear Regulatory Commission considers appro-
priate.
‘‘f. Regulations issued under this section shall be re-
viewed 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.’’.
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