Secretary of Health and Human Services shall
determine whether the Secretary will designate
any categories or individuals for purposes of sec-
tion 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 pur-
poses 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 sec-
ond sentence by striking ‘‘under this section’’ and in-
serting ‘‘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 regu-
lation provide for the establishment and enforcement
of standards and procedures governing the possession
and use of biological agents and toxins listed pursu-
ant to subsection (d)(1) in order to protect the public
health and safety, including safeguards to prevent ac-
cess 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 enactment of
this Act, the Secretary of Health and
Human Services shall promulgate an in-
terim 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 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 AP-
PLICATIONS.—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 promul-
gated.
(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 pos-
session of any Federal agency that identifies a person,
or the geographic location of a person, who is reg-
istered pursuant to regulations under this section (in-
cluding regulations promulgated before the effective
date of this subsection), and any site-specific informa-
tion relating to the type, quantity, or identity of a bi-
ological 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 informa-
tion described in paragraph (1) for purposes of
protecting the public health and safety; or
‘‘(B) from making disclosures of such infor-
mation to any committee or subcommittee of the
Congress with appropriate jurisdiction, upon re-
quest.’’.
(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 reg-
ulation under subsection (e) or (f) shall be subject to the
United States for a civil penalty in an amount not exceed-
ing $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 ap-
pears; 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 ‘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 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 regula-
tion’’;
(B) in subsection (e), in the matter pre-
ceding 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 Con-
gress 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 reg-
ulations 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 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 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 EMPLOY-
EES.
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 Commis-
sion may also authorize—
‘‘(1) such of those employees of its contrac-
tors 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 li-
censed 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 Commis-
sion licensee or certificate holder that are des-
ignated by the Commission, or (B) property of
significance to the common defense and security
located at facilities owned or operated by a Com-
mission licensee or certificate holder or being
transported to or from such facilities;
to carry firearms while in the discharge of their offi-
cial duties. A person authorized to carry firearms
under this subsection may, while in the performance
of, and in connection with, official duties, make ar-
rests 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 con-
tractor 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 au-
thority to make arrests by this subsection may exer-
cise that authority only in the enforcement of laws re-
garding the property of the United States in the cus-
tody of the Department of Energy, the Nuclear Regu-
latory 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 Com-
mission licensee or certificate holder that are des-
ignated by the Commission pursuant to this sub-
section and property of significance to the common
defense and security that is in the custody of a li-
censee or certificate holder or a contractor of a li-
censee 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 ar-
rest authority under other laws. The Secretary and
the Commission, with the approval of the Attorney
General, shall issue guidelines to implement this sub-
section;’’.
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 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 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 dur-
ing 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 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, biochemical,
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 enact-
ment 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 Direc-
tor of Central Intelligence, the Director of the Federal Bu-
reau of Investigation, the National Security Advisor, the
Director of Homeland Security (or any successor official),
and any other appropriate Federal, State, or nongovern-
mental 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 mul-
tiple 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 con-
siderable 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, oper-
ation, 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 repel-
ling attacks by a large number of attackers working as sev-
eral 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 di-
rectly to the Nuclear Regulatory Commission, which shall
ensure that the operational safeguards response of each fa-
cility 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 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.’’.
Union Calendar No. 148
107TH CONGRESS
1ST SESSION
H. R. 3016
[Report No. 107–231, Part I]
A BILL
To amend the Antiterrorism and Effective Death
Penalty Act of 1996 with respect to the respon-
sibilities 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 re-
quirements to new cable services, to strengthen
security at certain nuclear facilities, and for
other purposes.
OCTOBER 16, 2001
The Committee on the Judiciary discharged; committed
to the Committee of the Whole House on the State of
the Union and ordered to be printed