Sense of the Congress on Smallpox Vaccination
108th CONGRESS
1st Session
S. 6
To enhance homeland security and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 7, 2003
Mr. DASCHLE (for himself, Mr. KENNEDY, Mr. BIDEN, Mr. LEAHY, Mr. LEVIN, Mr. ROCKEFELLER, Mr. LIEBERMAN, Mr. AKAKA, Mrs. MURRAY, Mr. DURBIN, Mr. SCHUMER, Mrs. CLINTON, Mr. CORZINE, Ms. STABENOW, Mr. JEFFORDS, and Mr. REID) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To enhance homeland security and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Comprehensive Homeland Security Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS
Sec. 1001. Short title; table of contents.
Sec. 1004. First Responders Partnership Grant Program for Public Safety Officers.
Sec. 1006. Authorization of appropriations.
TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
Sec. 2001. Staffing for adequate fire and emergency response.
Sec. 2002. Conforming amendment.
TITLE III--SENSITIVE NUCLEAR FACILITIES
Sec. 3003. Nuclear facility security.
Sec. 3004. Office of nuclear security and incident response.
Sec. 3005. Carrying of weapons by licensee employees.
Sec. 3006. Sensitive radioactive material security.
Sec. 3007. Unauthorized introduction of dangerous weapons.
Sec. 3008. Sabotage of nuclear facilities or fuel.
Sec. 3009. Evaluation of adequacy of enforcement provisions.
Sec. 3010. Protection of whistleblowers.
Sec. 3011. Technical and conforming amendment.
Sec. 3012. Authorization of appropriations.
TITLE IV--RAIL SECURITY ACT
Sec. 4002. Emergency Amtrak assistance.
Sec. 4003. Rail security.
Sec. 4004. Rail transportation security risk assessment.
TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT
Sec. 5002. Protection from terrorist and other harmful intentional acts.
Sec. 5003. Research and review.
Sec. 5004. Refinement of vulnerability assessment tools for publicly owned treatment works.
TITLE VI--ENHANCING BORDER SECURITY
Subtitle A--Immigration and Naturalization Service
Sec. 6101. Additional personnel at the Immigration and Naturalization Service.
Sec. 6102. Technological improvements by the INS to improve border security.
Subtitle B--United States Customs Service
Sec. 6201. Additional personnel at the United States Customs Service.
Sec. 6202. Technological improvements by the Customs Service to improve border security.
Subtitle C--Bureau of Border Security
Sec. 6301. Additional personnel at the Bureau of Border Security.
Sec. 6302. Technological improvements by the Bureau of Border Security to improve border security.
TITLE VII--PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS
Sec. 7001. Sense of Congress on smallpox vaccination.
Sec. 7002. Aid to States for smallpox vaccination programs.
Sec. 7003. Smallpox vaccine injury compensation program.
Sec. 7004. Increase in authorizations for bioterrorism security and preparedness.
TITLE VIII--INFORMATION SECURITY
Subtitle A--Information Technology Fund to Enhance Homeland Defense, Information Security, and Defenses Against Other Threats
Sec. 8101. Establishment of fund.
Sec. 8102. Selection procedures.
Sec. 8103. Administration of fund.
Sec. 8104. Report to Congress.
Sec. 8105. Authorization of appropriations.
Subtitle B--Protection of Voluntarily Furnished Confidential Information
Sec. 8202. Protection of confidential information.
Sec. 8203. Report to Congress.
Sec. 8204. Amendments to Homeland Security Act of 2002.
Subtitle C--Interoperability of Information Systems
Sec. 8301. Interoperability of information systems.
TITLE IX--WEAPONS OF MASS DESTRUCTION
Sec. 9001. Security of certain radiological and nuclear materials.
Sec. 9002. Assistance for International Atomic Energy Agency regarding safeguard and inspection of nuclear facilities abroad.
Sec. 9003. Assistance for International Atomic Energy Agency to counter nuclear terrorism.
Sec. 9004. Acceleration and expansion of materials protection, control, and accounting program.
Sec. 9005. Border security and export control.
Sec. 9006. Reuse of Russian nuclear facilities.
Sec. 9007. Research and development involving alternative use of weapons of mass destruction expertise.
Sec. 9008. Expansion initiatives for proliferation prevention program.
Sec. 9009. Acceleration of highly enriched uranium disposition program.
Sec. 9010. Acceleration of destruction of chemical weapons facilities and infrastructure.
Sec. 9011. Acceleration of biological materials protection, control, and accounting program.
Sec. 9012. Russian tactical nuclear weapons.
Sec. 9013. Authorization of use of cooperative threat reduction funds for projects and activities outside the former Soviet Union.
Sec. 9014. Repeal of certain limitations on uses of funds.
TITLE X--INTELLIGENCE
Subtitle A--Intelligence Community Leadership
Sec. 10002. Reorganization and improvement of management of intelligence community.
Sec. 10003. Ten-year term of service for the Director of National Intelligence.
Sec. 10004. Executive schedule matters.
Sec. 10005. Conforming and clerical amendments.
Subtitle B--Other Matters
Sec. 10011. Discharge of certain intelligence activities by the Department of Homeland Security.
TITLE XI--CHEMICAL SECURITY
Sec. 11004. Designation of and requirements for high priority categories.
Sec. 11006. Recordkeeping and entry.
Sec. 11008. No effect on requirements under other law.
Sec. 11009. Authorization of appropriations.
TITLE XII--HOME SECURITY FUNDING
Sec. 12001. Homeland security funding.
TITLE XIII--SUPPORT FOR LAW ENFORCEMENT
Sec. 13002. Authorizations.
Sec. 13003. Rural law enforcement retention grant program.
Sec. 13004. Rural law enforcement technology grant program.
Sec. 13005. Rural 9-1-1 service.
TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS
SEC. 1001. SHORT TITLE.
This title may be cited as the `First Responders Partnership Grant Act of 2003'.
SEC. 1002. PURPOSE.
The purpose of this Act is to support first responders to protect homeland security and prevent and respond to acts of terrorism.
SEC. 1003. DEFINITIONS.
(1) INDIAN TRIBE- The term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(2) LAW ENFORCEMENT OFFICER- The term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders.
(3) PUBLIC SAFETY OFFICER- The term `public safety officer' means any person serving a public
agency with or without compensation as a law enforcement officer, as a firefighter, or as a member of a rescue squad or ambulance crew.
(4) STATE- The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(5) UNIT OF LOCAL GOVERNMENT- The term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.
SEC. 1004. FIRST RESPONDERS PARTNERSHIP GRANT PROGRAM FOR PUBLIC SAFETY OFFICERS.
(a) IN GENERAL- The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to support public safety officers in their efforts to protect homeland security and prevent and respond to acts of terrorism.
(b) USES OF FUNDS- Grants awarded under this section shall be--
(1) distributed directly to the State, unit of local government, or Indian tribe; and
(2) used to fund equipment, training, and facilities to support public safety officers in their efforts to protect homeland security and prevent and respond to acts of terrorism.
(c) MINIMUM AMOUNT- Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.25 percent.
(d) MAXIMUM AMOUNT- A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section.
(e) MATCHING FUNDS- The portion of the costs of a program provided by a grant under subsection (a) may not exceed 90 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection.
SEC. 1005. APPLICATIONS.
(a) IN GENERAL- To request a grant under this title, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require.
(b) REGULATIONS- Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title, $4,000,000,000 for each of the fiscal years 2003 through 2005.
TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
SEC. 2001. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.
Title III of the Workforce Investment Act of 1998 (Public Law 105-220; 112 Stat. 1080) is amended by adding at the end the following:
`Subtitle E--Staffing for Adequate Fire and Emergency Response
`SEC. 351. SHORT TITLE.
`This subtitle may be cited as the `Staffing for Adequate Fire and Emergency Response Act of 2003' or as the `SAFER Act of 2003'.
`SEC. 352. PURPOSES.
`The purposes of this subtitle are--
`(1) to expand on the firefighter assistance grant program under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), in order to ensure adequate funding to increase the number of firefighting personnel throughout the Nation;
`(2) to substantially increase the hiring of firefighters so that communities can--
`(A) meet industry minimum standards for providing adequate protection from acts of terrorism and hazards; and
`(B) enhance the ability of firefighter units to save lives, save property, and effectively respond to all types of emergencies; and
`(3) to promote that substantial increase in hiring by establishing a program of grants, authorized for 7 years, to provide direct funding to States, units of local government, and Indian tribal organizations for firefighter salaries and benefits.
`SEC. 353. DEFINITIONS.
`(1) ELIGIBLE ENTITY- The term `eligible entity' means--
`(A) a State, a unit of local government, a tribal organization, or another public entity; or
`(B) a multi-jurisdictional or regional consortia of entities described in subparagraph (A).
`(2) FIREFIGHTER- The term `firefighter' has the meaning given the term `employee in fire protection activities' in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
`(3) INDIAN TRIBE; TRIBAL ORGANIZATION- The terms `Indian tribe' and `tribal organization' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
`(4) SECRETARY- The term `Secretary' means the Secretary of Labor, acting after consultation with the Director of the Federal Emergency Management Agency.
`(5) STATE- The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
`SEC. 354. AUTHORITY TO MAKE GRANTS.
`(a) DEFINITION- In this section, the term `qualifying entity', used with respect to a fiscal year, means any eligible entity (including a State) that has submitted an application under section 355 for the fiscal year that meets the requirements of this subtitle and such additional requirements as the Secretary may prescribe.
`(b) GRANT AUTHORIZATION- The Secretary may make grants to eligible entities to pay for the Federal share of the cost of carrying out projects to hire firefighters.
`(1) AMOUNT- For any fiscal year, the Secretary shall ensure that the qualifying entities in each State shall receive, through grants made under this section, a total amount that is not less than 1/2 of 1 percent of the amount appropriated under section 362 for the fiscal year.
`(2) EXCEPTION- Paragraph (1) shall not apply for a fiscal year if the Secretary makes a grant under this section to every qualifying entity for the fiscal year.
`(d) GRANT PERIODS- The Secretary may make grants under this section for periods of 3 years.
`(1) IN GENERAL- The Federal share of the cost of carrying out a project to hire firefighters under this subtitle shall be not more than 75 percent.
`(2) NON-FEDERAL SHARE- The non-Federal share shall be provided--
`(B) in the case of a State or unit of local government, from assets received through an asset forfeiture program; or
`(C) in the case of a tribal organization or the Bureau of Indian Affairs, from any Federal funds made available for firefighting functions to assist an Indian tribe.
`(3) WAIVER- The Secretary may waive the requirements of paragraphs (1) and (2) for an eligible entity.
`SEC. 355. APPLICATIONS.
`(a) IN GENERAL- To be eligible to receive a grant under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may prescribe.
`(b) CONTENTS- Each such application shall--
`(1) include a long-term strategy and detailed implementation plan, for the hiring to be conducted under the grant, that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of a statewide strategy for such hiring;
`(2) specify the reasons why the entity is unable to hire sufficient firefighters to address the entity's needs, without Federal assistance;
`(3)(A) specify the average number of firefighters employed by the entity during the fiscal year prior to the fiscal year for which the application is submitted; and
`(B) outline the initial and planned level of community support for implementing the strategy and plan, including the level of financial and in-kind contributions or other tangible commitments;
`(4)(A) specify plans for obtaining necessary support and continuing the employment of a greater number of firefighters than the number specified under paragraph (3)(A), following the conclusion of Federal assistance under this subtitle; and
`(B) include an assurance that the entity will continue the employment of firefighters hired with funds made available through the grant for at least 1 year after the end of the grant period; and
`(5) include assurances that the entity will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase the ranks of minorities and women within the entity's firefighter units.
`(c) SMALL JURISDICTIONS- Notwithstanding any other provision of this subtitle, the Secretary may waive 1 or more of the requirements of subsection (b), and may make special provisions to facilitate the expedited submission, processing, and approval of an application under this section, for an eligible entity that is a unit of local government, or an eligible entity serving a fire district, that has jurisdiction over an area with a population of less than 50,000.
`(d) PREFERENCE- In awarding grants under this subtitle, the Secretary--
`(1) shall give preference to a unit of local government; and
`(2) may give preference, where feasible, to an eligible entity that submits an application containing a plan that--
`(A) provides for hiring (including rehiring) career firefighters; and
`(B) requires the entity to contribute a non-Federal share of more than 25 percent of the cost of carrying out a project to hire the firefighters.
`(e) STATE AND LOCAL APPLICATIONS- If a unit of local government for a community, and the State in which the community is located, submit applications under this section for a fiscal year to carry out a project in a community, and the unit of local government and State are qualifying entities under section 354(a), the Secretary--
`(1) shall make a grant under this subtitle to the unit of local government for that year; and
`(2) shall not make a grant under this subtitle to the State to carry out a project in that community for that year.
`SEC. 356. USE OF FUNDS.
`(a) IN GENERAL- An eligible entity that receives a grant under this subtitle shall use the funds made available through the grant to hire career firefighters. The funds may only be used to increase the number of firefighters employed by the agency from the number specified under section 355(b)(3)(A). The funds may be used for salaries and benefits for the firefighters.
`(1) FISCAL YEAR 2003- For fiscal year 2003, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds.
`(2) SUBSEQUENT YEARS- For each subsequent fiscal year, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds, increased or decreased by the same percentage as the percentage by which the Consumer Price Index for All Urban Consumers (United States city average), published by the Secretary of Labor, has increased or decreased by September of the preceding fiscal year from such Index for September 2002.
`(3) WAIVERS- The Secretary may waive the requirements of paragraph (1) or (2) for an eligible entity.
`(c) SUPPLEMENT, NOT SUPPLANT- Funds appropriated pursuant to the authority of this subtitle shall be used to supplement and not supplant other Federal, State, and local public funds expended to hire firefighters.
`SEC. 357. TECHNICAL ASSISTANCE.
`The Secretary may provide technical assistance to eligible entities to further the purposes of this Act.
`SEC. 358. MONITORING AND EVALUATIONS.
`(a) MONITORING COMPONENTS- Each project funded through a grant made under this subtitle shall contain a monitoring component, developed pursuant to regulations established by the Secretary. The monitoring required by this subsection shall include systematic identification and collection of data about the project throughout the period of the project and presentation of such data in a usable form.
`(b) EVALUATION COMPONENTS- The Secretary may require that selected grant recipients under this subtitle conduct local evaluations or participate in a national evaluation, pursuant to regulations established by the Secretary. Such local or national evaluations may include assessments of the implementation of different projects. The Secretary may require selected grant recipients under this subtitle to conduct local outcome evaluations to determine the effectiveness of projects under this subtitle.
`(c) PERIODIC REPORTS- The Secretary may require a grant recipient under this subtitle to submit to the Secretary the results of the monitoring and evaluations required under subsections (a) and (b) and such other data and information as the Secretary determines to be reasonably necessary.
`(d) REVOCATION OR SUSPENSION OF FUNDING- If the Secretary determines, as a result of the monitoring or evaluations required by this section, or otherwise, that a grant recipient under this subtitle is not in substantial compliance with the terms and requirements of an approved grant application submitted under section 355, the Secretary may revoke the grant or suspend part or all of the funding provided under the grant.
`SEC. 359. ACCESS TO DOCUMENTS.
`For the purpose of conducting an audit or examination of a grant recipient that carries out a project under this subtitle, the Secretary and the Comptroller General of the United States shall have access to any pertinent books, documents, papers, or records of the grant recipient and any State or local government, person, business, or other entity, that is involved in the project.
`SEC. 360. REPORT TO CONGRESS.
`Not later than September 30, 2009, the Secretary shall submit a report to Congress concerning the experiences of eligible entities in carrying out projects under this subtitle, and the effects of the grants made under this subtitle. The report may include recommendations for such legislation as the Secretary may consider to be appropriate, which may include reauthorization of this subtitle.
`SEC. 361. REGULATIONS.
`The Secretary may issue regulations to carry out this subtitle.
`SEC. 362. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- There is authorized to be appropriated to carry out this subtitle--
`(1) $1,000,000,000 for fiscal year 2003;
`(2) $1,030,000,000 for fiscal year 2004;
`(3) $1,061,000,000 for fiscal year 2005;
`(4) $1,093,000,000 for fiscal year 2006;
`(5) $1,126,000,000 for fiscal year 2007;
`(6) $1,159,000,000 for fiscal year 2008; and
`(7) $1,194,000,000 for fiscal year 2009.
`(b) AVAILABILITY- Funds appropriated under subsection (a) for a fiscal year shall remain available until the end of the second succeeding fiscal year.'.
SEC. 2002. CONFORMING AMENDMENT.
The table of contents in section 1(b) of the Workforce Investment Act of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the items relating to title III, by adding at the end the following:
`Subtitle E--Staffing for Adequate Fire and Emergency Response
`Sec. 351. Short title.
`Sec. 352. Purposes.
`Sec. 353. Definitions.
`Sec. 354. Authority to make grants.
`Sec. 355. Applications.
`Sec. 356. Use of funds.
`Sec. 357. Technical assistance.
`Sec. 358. Monitoring and evaluations.
`Sec. 359. Access to documents.
`Sec. 360. Report to Congress.
`Sec. 361. Regulations.
`Sec. 362. Authorization of appropriations.'.
TITLE III--SENSITIVE NUCLEAR FACILITIES
SECTION 3001. SHORT TITLE.
This title may be cited as the `Nuclear Security Act of 2003'.
SEC. 3002. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended--
(1) by redesignating subsection jj. as subsection ii.; and
(2) by adding at the end the following:
`(jj) HOMELAND SECURITY OFFICER- The term `Homeland Security Officer' means a Federal official with responsibility for coordinating efforts to maintain homeland security against acts of terrorism, and designated by the President to perform the duties of the Homeland Security Officer under this Act.
`(kk) PRIVATE SECURITY FORCE- The term `private security force', with respect to a sensitive nuclear facility, means personnel hired or contracted by the licensee of the sensitive nuclear facility to provide security at the sensitive nuclear facility.
`(ll) SENSITIVE NUCLEAR FACILITY-
`(1) IN GENERAL- The term `sensitive nuclear facility' means a facility licensed by the Commission (or the portion of a facility used in the conduct of an activity licensed by the Commission).
`(2) INCLUSIONS- The term `sensitive nuclear facility' includes--
`(A) an operating commercial nuclear power plant;
`(B) an independent spent fuel storage facility;
`(C) a commercial nuclear power plant that is being decommissioned or a portion of a commercial nuclear power plant that contains material licensed by the Commission;
`(D) a category I fuel cycle facility; and
`(E) a gaseous diffusion plant.'.
SEC. 3003. NUCLEAR FACILITY SECURITY.
(a) IN GENERAL- Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following:
`SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES.
`(a) DEFINITIONS- In this section:
`(1) ANTITERRORISM TEAM- The term `antiterrorism team' means the Nuclear Infrastructure Antiterrorism Team established under subsection (h).
`(2) FEDERAL SECURITY COORDINATOR- The term `Federal security coordinator' means the Federal security coordinator assigned to a sensitive nuclear facility under subsection (k).
`(3) TASK FORCE- The term `task force' means the task force on nuclear infrastructure security established by subsection (b).
`(4) THREAT- The term `threat' means a threat identified under subsection (c).
`(5) THREAT LEVEL- The term `threat level' means a threat level determined under subsection (d).
`(b) TASK FORCE ON NUCLEAR INFRASTRUCTURE SECURITY-
`(1) ESTABLISHMENT- There is established a task force on nuclear infrastructure security.
`(2) MEMBERSHIP- The task force shall be comprised of--
`(A) the chairman of the Commission, who shall serve as chairperson of the task force;
`(B) the Secretary of Defense;
`(C) the Secretary of Transportation;
`(D) the Administrator of the Environmental Protection Agency;
`(E) the Attorney General;
`(F) the Secretary of State;
`(G) the Director of the Central Intelligence Agency;
`(H) the Secretary of Health and Human Services;
`(I) the Director of the Federal Emergency Management Agency; and
`(J) the Homeland Security Officer.
`(A) IN GENERAL- The task force, in consultation with other Federal, State, and local agencies, stakeholders, and members of the public, as appropriate, shall examine the protection of sensitive nuclear facilities from potential terrorist threats.
`(i) IN GENERAL- The task force shall examine--
`(I) the classification of threats as--
`(aa) an act--
`(AA) by an enemy of the United States (whether a foreign government or other person); or
`(BB) otherwise falling under the responsibilities of the Federal Government; or
`(bb) an act involving a type of risk that the licensees of the Commission should be responsible for guarding against;
`(II) coordination of Federal, State, and local security efforts for protection of land, water, and ground access to sensitive nuclear facilities in the event of a terrorist attack or attempted terrorist attack;
`(III) the adequacy of existing emergency planning zones to protect the public health and safety in the event of a terrorist attack against a sensitive nuclear facility;
`(IV) the adequacy and coordination of Federal, State, and local emergency planning, evacuation, and other measures to protect the public health and safety in the event of a terrorist attack against a sensitive nuclear facility;
`(V) the threats that sensitive nuclear facilities must protect against to prevent acts of radiological sabotage and theft of special nuclear material;
`(VI) the system of threat levels, consistent with the Homeland Security Advisory System, used to categorize the threats against a sensitive nuclear facility, including--
`(aa) procedures to ensure coordinated Federal, State, and local responses to changing threat levels for sensitive nuclear facilities;
`(bb) monitoring of threats against sensitive nuclear facilities; and
`(cc) procedures to notify licensees of a sensitive nuclear facility of changes in threat levels;
`(VII) the development, implementation, and revision of security plans for sensitive nuclear facilities;
`(VIII) the establishment of the antiterrorism team under subsection (h);
`(IX) the hiring and training standards for members of private security forces at sensitive nuclear facilities, in accordance with subsection (i);
`(X) the coordination of Federal resources to expedite and improve the process of performing background checks on employees with access to sensitive nuclear facilities; and
`(XI) the creation of a program to provide technical assistance and training for the national guard, State law enforcement agencies, and local law enforcement agencies to respond, as appropriate, to threats against a sensitive nuclear facility, including recommendations for the establishment of a grant program for State and local governments to carry out any recommended requirements under this section.
`(ii) THREATS- The threats to be examined include--
`(I) threats comparable to the events of September 11, 2001;
`(II) cyber or biochemical threats;
`(III) attacks on a sensitive nuclear facility by multiple coordinated teams of a large number of individuals;
`(IV) attacks from several persons employed at the sensitive nuclear facility, some of whom may have sophisticated knowledge of the operations of the sensitive nuclear facility;
`(V) attacks from individuals willing to commit suicide to carry out the attacks;
`(VI) water-based and air-based attacks;
`(VII) attacks using explosive devises of considerable size and modern weaponry;
`(VIII) fire, especially fire of long duration; and
`(IX) any combination of those threats.
`(A) IN GENERAL- Not later than 120 days after the date of enactment of this section, the task force shall submit to the President and Congress, in classified form and unclassified form, a report with recommendations and findings.
`(B) REVISION- The task force shall revise the recommendations periodically, but not less than once every 3 years.
`(c) THREATS TO SENSITIVE NUCLEAR FACILITIES-
`(1) IN GENERAL- Not later than 150 days after the task force submits the report under subsection (b)(4), the Commission shall promulgate regulations, based on and consistent with the findings and recommendations of the task force, identifying the threats that sensitive nuclear facilities must protect against to prevent acts of radiological sabotage and the theft of special nuclear material at sensitive nuclear facilities.
`(2) PROTECTION OF SAFEGUARDS INFORMATION- In promulgating regulations under this subsection, the Commission shall ensure protection of safeguards information in accordance with section 147.
`(d) THREAT LEVELS- Not later than 150 days after the task force submits the report under subsection (b)(4), the Commission shall promulgate regulations, based on and consistent with the findings and recommendations of the task force, establishing a system for the determination of multiple threat levels to describe the threat conditions at sensitive nuclear facilities.
`(1) IN GENERAL- Not later than 1 year after the date on which the Commission establishes the threats under subsection (c), the Commission shall review, based on and consistent with the findings and recommendations of the task force, the security plan for each sensitive nuclear facility to ensure that each sensitive nuclear facility protects against those threats.
`(2) ASPECTS OF REVIEW- The Commission shall ensure that the security plan provides for--
`(A) the deployment and capabilities of the private security force at the sensitive nuclear facility for each threat level;
`(B) coordination between the private security force and the antiterrorism team for the sensitive nuclear facility, as appropriate for each threat level;
`(C) secure operation of vital equipment, such as control room equipment and backup warning systems;
`(D) access restrictions;
`(E) security cameras, fire protection barriers, and other physical security measures;
`(F) protection of spent fuel, including options such as placement of spent fuel in dry cask storage;
`(G) background security checks for employees and prospective employees; and
`(H) coordination among licensees of sensitive nuclear facilities and appropriate Federal, state, and local emergency response personnel.
`(3) SCHEDULE- The Commission shall establish a priority schedule for conducting reviews of security plans based on the vulnerability of each sensitive nuclear facility and the proximity of the sensitive nuclear facility to large population areas.
`(A) IN GENERAL- Not later than 30 days after the review of each security plan, the Commission shall submit to Congress and the licensee of each sensitive nuclear facility recommendations, findings, and a schedule for implementation of changes to security that shall be made not later than 18 months after completion of the review of the security plan.
`(B) FORM- The report submitted to Congress under subparagraph (A) shall be submitted in classified and unclassified form.
`(5) UPGRADES TO SECURITY PLAN- Not later than 30 days after the review of each security plan, the Commission shall ensure that the licensee of each sensitive nuclear facility revises, as necessary, its security plan consistent with the findings under paragraph (4).
`(6) UPGRADES TO SECURITY- The Commission shall ensure that the licensee of each sensitive nuclear facility makes any changes to security required by the security plan according to the Commission schedule.
`(f) EMERGENCY RESPONSE PLANS-
`(1) IN GENERAL- Not later than 150 days after the task force submits the report under subsection (b)(4), the Commission shall review, based on and consistent with the findings and recommendations of the task force, the emergency response plans for each sensitive nuclear facility to ensure that each emergency response plan provides protection for persons living in the emergency response planning zones.
`(2) ASPECTS OF REVIEW- The Commission shall ensure that each emergency response plan provides for--
`(A) the protection of public health and safety, including the ability to implement protective measures;
`(B) clear definition and assignment of responsibilities of emergency response personnel;
`(C) notification procedures;
`(D) communication and coordination among emergency response personnel;
`(E) dissemination of information to the public, including both pre-emergency education and in the event of a radiological emergency;
`(F) adequate emergency facilities and equipment at and around the sensitive nuclear facility;
`(G) the use of methods, systems, and equipment for assessing and monitoring actual or potential impacts of a radiological emergency;
`(H) appropriate evacuation and sheltering and the prophylactic use of potassium iodide;
`(I) means for controlling radiological exposures;
`(J) appropriate medical services;
`(K) plans for recovery and reentry; and
`(L) radiological emergency response training.
`(3) SCHEDULE- The Commission shall establish a priority schedule for conducting reviews of emergency response plans for sensitive nuclear facilities based on the relative degrees of vulnerability of sensitive nuclear facilities and the proximity of sensitive nuclear facilities to large population areas.
`(A) IN GENERAL- Not later than 30 days after the review of each emergency response plan, the Commission shall submit to Congress and the licensee of each sensitive nuclear facility recommendations and findings.
`(B) FORM- The report submitted to Congress under subparagraph (A) shall be submitted in classified and unclassified form.
`(5) UPGRADES TO EMERGENCY RESPONSE PLAN- Not later than 30 days after completion of the review of each emergency response plan, the Commission shall ensure that the licensee of each sensitive nuclear facility revises, as necessary, the emergency response plan for the sensitive nuclear facility consistent with the findings under paragraph (4).
`(g) FEDERAL COORDINATION- Not later than 90 days after the task force submits the report under subsection (b)(4), the Commission shall promulgate regulations, based on and consistent with the findings and recommendations of the task force, establishing the circumstances under which the Commission shall request the President to--
`(1) deploy the Coast Guard to a sensitive nuclear facility;
`(2) provide for the protection of air space in the vicinity of a sensitive nuclear facility; or
`(3) deploy the antiterrorism team.
`(h) NUCLEAR INFRASTRUCTURE ANTITERRORISM TEAM-
`(1) ESTABLISHMENT- Not later than 1 year after the task force submits the report under subsection (b)(4), the President shall establish, based on and consistent with the findings and recommendations of the task force, the Nuclear Infrastructure Antiterrorism Team.
`(2) PURPOSE- The purpose of the antiterrorism team shall be to provide protection for the perimeter of sensitive nuclear facilities against the threats identified under subsection (c), in coordination with other Federal, State, local, and private entities, as appropriate, consistent with the security plan for each sensitive nuclear facility.
`(1) IN GENERAL- Not later than 180 days after the task force submits the report under subsection (b)(4)(B), the President shall establish, based on and consistent with findings and recommendations of the task force, a program to provide technical assistance and training for the National Guard and State and local law enforcement agencies in responding to threats against a sensitive nuclear facility.
`(2) GRANTS- The President may provide grants, consistent with the findings and recommendations of the task force, to State and local governments to assist in carrying out this section.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection.
`(1) REVIEW- Not later than 90 days after the task force submits the report under subsection (b)(4), the Commission, taking into consideration recommendations of the task force, shall review and update the hiring and training standards for employees of a sensitive nuclear facility.
`(2) CRIMINAL AND SECURITY BACKGROUND CHECKS- The Commission shall require that--
`(A) each employee at a sensitive nuclear facility pass a criminal and security background check; and
`(B) criminal and security background checks be updated on a periodic basis, as appropriate.
`(3) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT NATIONAL SECURITY RISKS- The Commission, based on and consistent with the findings and recommendations of the task force, shall establish qualifications and procedures, in addition to any criminal and security background check conducted under paragraph (2), to ensure that no individual who presents a threat to national security is employed at a sensitive nuclear facility.
`(k) FEDERAL SECURITY COORDINATORS-
`(1) IN GENERAL- Not later than 120 days after the task force submits the report under subsection (b)(4), the Commission, based on and consistent with findings and recommendations of the
task force, shall promulgate regulations for the hiring and training of Federal security coordinators.
`(2) ASSIGNMENT OF FEDERAL SECURITY COORDINATORS- Not later than 60 days after the Commission promulgates regulations under paragraph (1), the Commission shall assign a Federal security coordinator, under the employment of the Commission, at each sensitive nuclear facility.
`(3) RESPONSIBILITIES- The Federal security coordinator shall be responsible for--
`(A) communicating with the Commission and other Federal, State, and local authorities concerning threats, including threats against the sensitive nuclear facility;
`(B) ensuring that the sensitive nuclear facility maintains security consistent with the security plan in accordance with the appropriate threat level; and
`(C) ensuring full and active coordination of security measures among--
`(i) the private security force at the sensitive nuclear facility;
`(ii) the antiterrorism team; and
`(iii) other Federal, State, and local authorities, as appropriate.
`(l) CLASSIFIED INFORMATION- Nothing in this section shall be construed to supersede any existing law (including a regulation) governing the disclosure of classified information or safeguards information.'.
SEC. 3004. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
(a) IN GENERAL- Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) is amended by adding at the end the following:
`SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
`(a) DEFINITIONS- In this section:
`(1) ANTITERRORISM TEAM- The term `antiterrorism team' has the meaning given the term in section 170C(a) of the Atomic Energy Act of 1954.
`(2) ASSISTANT DIRECTOR- The term `Assistant Director' means the Assistant Director for Security Response.
`(3) DIRECTOR- The term `Director' means the Director of Nuclear Security and Incident Response appointed under subsection (c).
`(4) MOCK TERRORIST TEAM- The term `mock terrorist team' means the mock terrorist team described in subsection (d)(3).
`(5) OFFICE- The term `Office' means the Office of Nuclear Security and Incident Response established by subsection (b).
`(6) SENSITIVE NUCLEAR FACILITY- The term `sensitive nuclear facility' has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
`(7) THREAT- The term `threat' has the meaning given the term in section 170C(a) of the Atomic Energy Act of 1954.
`(8) UNIT- The term `Unit' means the Security Response Unit established under subsection (d)(1).
`(b) ESTABLISHMENT OF OFFICE- There is established in the Commission the Office of Nuclear Security and Incident Response.
`(1) APPOINTMENT- The Commission may appoint and terminate a Director of Nuclear Security and Incident Response to head the Office.
`(2) DUTIES- The Director shall perform any duties delegated by the Commission to the Director, including--
`(A) carrying out security, safeguards, and incident responses relating to--
`(i) any facility owned or operated by a Commission licensee or certificate holder;
`(ii) any property owned or in the possession of a Commission licensee or certificate holder that--
`(I) is significant to the common defense and security; or
`(II) is being transported to or from a facility described in clause (i); and
`(iii) performing any other activity of a Commission licensee or certificate holder that is significant to the common defense and security;
`(B) for a facility or material licensed or certified under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)--
`(i) developing contingency plans for dealing with threats, thefts, and sabotage; and
`(ii) monitoring, reviewing, and evaluating security and safeguards;
`(C) recommending upgrades to internal accounting systems for special nuclear and other materials licensed or certified under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);
`(D) developing and recommending standards and amendments to the standards of the Commission relating to the duties described in subparagraphs (A) through (C); and
`(E) carrying out any other safeguards and physical security functions that the Commission determines to be appropriate.
`(3) CONSULTATION- In carrying out the duties under paragraph (2), the Director shall, to the maximum extent practicable, consult and coordinate with--
`(A) other officers of the Commission; and
`(B) other Federal agencies.
`(d) SECURITY RESPONSE UNIT-
`(1) ESTABLISHMENT- There is established in the Office the Security Response Unit.
`(2) HEAD OF UNIT- The Unit shall be headed by an Assistant Director for Security Response.
`(3) MOCK TERRORIST TEAM- The personnel of the Unit shall include a mock terrorist team comprised of--
`(A) a number of individuals, consistent with the threat, who have advanced knowledge of special weapons and tactics comparable to special operations forces of the Armed Forces;
`(B) nuclear engineers, as appropriate;
`(C) individuals with knowledge of the operations of the sensitive nuclear facility who are capable of actively disrupting the normal operations of the sensitive nuclear facility; and
`(D) any other individual that the Commission determines should be a member of the mock terrorist team.
`(4) SECURITY RESPONSE EVALUATIONS-
`(A) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Commission shall establish a security response evaluation program to assess the ability of each sensitive nuclear facility to defend against the threats in accordance with the security plan for the sensitive nuclear facility.
`(B) FREQUENCY OF EVALUATIONS- Not less than once every 3 years, the Commission shall conduct and document security response evaluations at each sensitive nuclear facility to assess the ability of the private security force, in cooperation with the antiterrorism team, at
the sensitive nuclear facility to defend against the threat.
`(C) SECURITY EXEMPTION- The Commission may suspend activities under this section if the Commission determines that the security response evaluations would compromise security at any sensitive nuclear facility in accordance with a heightened threat level.
`(D) ACTIVITIES- The security response evaluation shall include force-on-force exercises by the mock terrorist team against the sensitive nuclear facility that simulate air, water, and land assaults, as appropriate.
`(E) PERFORMANCE CRITERIA- The Commission shall establish performance criteria for judging the security response evaluations.
`(i) IN GENERAL- When any of the performance criteria established under subparagraph (E) are not satisfied--
`(I) the licensee shall promptly correct any defects in performance identified by the Commission in the security response evaluation; and
`(II) the Commission shall conduct an additional security response evaluation within 6 months to confirm that the licensee satisfies the performance criteria established under subparagraph (E).
`(ii) 2 CONSECUTIVE FAILURES TO SATISFY ALL PERFORMANCE CRITERIA-
`(I) IN GENERAL- If a sensitive nuclear facility fails to satisfy all of the performance criteria established under subparagraph (E) in 2 consecutive security response evaluations, the Commission shall issue an order specifying the corrective actions that must be taken by the licensee of the sensitive nuclear facility.
`(II) FAILURE TO TAKE CORRECTIVE ACTION- If the licensee of a sensitive nuclear facility does not take the corrective action specified by the Commission within 30 days after the date of issuance of an order under subclause (I), the Commission shall assess a civil penalty under section 234.
`(G) REPORTS- Not less often than once every year, the Commission shall submit to Congress and the President a report, in classified form and unclassified form, that describes the results of each security response evaluation under this paragraph for the previous year.
`(e) EMERGENCY RESPONSE EXERCISES-
`(1) IN GENERAL- Not less than once every 2 years, the Commission, in coordination with the Director of the Federal Emergency Management Agency, shall conduct emergency response exercises to evaluate the ability of Federal, State, and local emergency response personnel to respond to a radiological emergency at the sensitive nuclear facility in accordance with the emergency response plans.
`(2) ACTIVITIES- The emergency response exercises shall evaluate--
`(A) the response capabilities, response times, and coordination and communication capabilities of the response personnel;
`(B) the effectiveness and adequacy of emergency response and evacuation plans; and
`(C) the availability of potassium iodide or other prophylactic medicines.
`(3) REVISION OF EMERGENCY RESPONSE PLANS- The Commission shall ensure that the emergency response plan for a sensitive nuclear facility is revised to correct for any deficiencies identified by an evaluation under this subsection.
`(4) REPORTS- Not less than once every year, the Commission shall submit to the President and Congress a report, in classified form and unclassified form, that describes--
`(A) the results of each emergency response exercise under this subsection conducted in the previous year; and
`(B) each revision of an emergency response plan made under paragraph (3) for the previous year.
`(f) EFFECT- Nothing in this section limits any authority of the Department of Energy relating to the safe operation of facilities under the jurisdiction of the Department.'.
(b) CONFORMING AMENDMENTS- Title II of the Energy Reorganization Act of 1974 is amended--
(1) in section 203(b) (42 U.S.C. 5843(b))--
(A) in paragraph (1), by striking `licensing and regulation involving' and inserting `licensing, regulation, and, except as otherwise provided under section 212, carrying out safety reviews, safeguards, and physical security of'; and
(B) in paragraph (2), by striking `and safeguards'; and
(2) in section 204(b) (42 U.S.C. 5844(b))--
(i) by striking `including' and inserting `not including'; and
(ii) by striking `and materials.' and inserting `and materials, to the extent that the safeguards and security functions are delegated to the Office of Nuclear Security and Incident Response under section 212.'; and
(i) by striking `and safeguards'; and
(ii) by striking `, as amended,' and all that follows through the period and inserting `(42 U.S.C. 2011 et seq.)'.
SEC. 3005. CARRYING OF WEAPONS BY LICENSEE EMPLOYEES.
Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section 3003(a)) is amended--
(1) in section 161, by striking subsection k. and inserting the following:
`(1) to carry a firearm in the performance of official duties such of its members, officers, and employees, such of the 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, and such of the employees of persons licensed or certified by the Commission (including employees of contractors of licensees or certificate holders) engaged in the protection of facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission or in the protection of 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, as the Commission considers necessary, in view
of site-specific conditions, in the interest of the common defense and security; and
`(2) to carry and use any other weapons, devices, or ammunition in the performance of officials duties, any employees of persons licensed or certified by the Commission (including employees of contractors of licensees or certificate holders) who are trained and qualified as guards and whose duty is the protection of facilities or property described in paragraph (1), regardless of whether the employees are Federal, State, or local law enforcement officers;' and
(2) by adding at the end the following:
`SEC. 170D. CARRYING OF WEAPONS.
`(a) AUTHORITY TO MAKE ARREST-
`(1) IN GENERAL- A person authorized under section 161k. to carry a firearm, other weapon, device, or ammunition may, while in the performance of, and in connection with, official duties, detain or arrest an individual without a warrant for any offense against the United States committed in the presence of the person or for any felony under the laws of the United States if the person has a reasonable ground to believe that the individual has committed or is committing such a felony.
`(2) LIMITATION- 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 make an arrest under paragraph (1) may make an arrest only after the Commission, licensee, or certificate holder has applied for and been granted authorization from the Commission--
`(A) when the individual is within, or is in flight directly from, the area in which the offense was committed; and
`(B) in the enforcement of--
`(i) a law regarding the property of the United States in the custody of the Department of Energy, the Commission, or a contractor of the Department of Energy or Commission or a licensee or certificate holder of the Commission;
`(ii) a law applicable to facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission under section 161k.;
`(iii) a law applicable to 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
`(iv) any provision of this Act that subjects an offender to a fine, imprisonment, or both.
`(3) OTHER AUTHORITY- The arrest authority conferred by this section is in addition to any arrest authority under other law.
`(A) IN GENERAL- The Secretary and the Commission, with the approval of the Attorney General, shall issue guidelines to implement section 161k. and this subsection.
`(B) EFFECTIVE DATE- The authority to carry and use weapons, devices, or ammunition provided to employees described in section 161k.(2) and the authority provided to those employees under this subsection shall not be effective until the date on which guidelines issued under subparagraph (A) become effective.'.
SEC. 3006. SENSITIVE RADIOACTIVE MATERIAL SECURITY.
(a) AMENDMENT- Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section 3006) is amended by adding at the end the following:
`SEC. 170E. SENSITIVE RADIOACTIVE MATERIAL SECURITY.
`(a) DEFINITIONS- In this section:
`(1) SENSITIVE RADIOACTIVE MATERIAL-
`(A) IN GENERAL- The term `sensitive radioactive material' means--
`(I) that is a source material, byproduct material, or special nuclear material; and
`(II) that is any other radioactive material (regardless of whether the material is or has been licensed or otherwise regulated under this Act) produced or made radioactive before or after the date of enactment of this section; and
`(ii) that is in such a form or quantity or concentration that the Commission determines, based on and consistent with the recommendations of the task force, should be classified as `sensitive radioactive material' that warrants improved security and protection against loss, theft, or sabotage.
`(B) EXCLUSION- The term `sensitive radioactive material' does not include nuclear fuel or spent nuclear fuel.
`(2) SECURITY THREAT- The term `security threat' means--
`(A) a threat of sabotage or theft of sensitive radioactive material;
`(B) a threat of use of sensitive radioactive material in a radiological dispersal device; and
`(C) any other threat of terrorist or other criminal activity involving sensitive radioactive material that could harm the health or safety of the public due primarily to radiological properties of the sensitive radioactive material, as determined by the Commission based on and consistent with the recommendations of the task force.
`(3) TASK FORCE- The term `task force' has the meaning given the term in section 170C(a).
`(1) IN GENERAL- The task force shall--
`(A) evaluate the security of sensitive radioactive material against security threats; and
`(B) recommend administrative and legislative actions to be taken to provide the maximum practicable degree of security against security threats.
`(2) CONSIDERATIONS- In carrying out paragraph (1), the task force shall make recommendations to--
`(A) determine the radioactive materials that should be classified as sensitive radioactive materials;
`(B) develop a classification system for sensitive radioactive materials that--
`(i) is based on the potential for use by terrorists of sensitive radioactive material and the extent of the threat to public health and safety posed by that potential; and
`(ii) takes into account--
`(I) radioactivity levels of sensitive radioactive material;
`(II) the dispersibility of sensitive radioactive material;
`(III) the chemical and material form of sensitive radioactive material; and
`(IV) other appropriate factors;
`(C) develop a national system for recovery of sensitive radioactive material that is lost or stolen, taking into account the classification system established under subparagraph (B);
`(D) provide for the storage of sensitive radioactive material that is not currently in use in a safe and secure manner;
`(E) develop a national tracking system for sensitive radioactive material, taking into account the classification system established under subparagraph (B);
`(F) develop methods to ensure the return or proper disposal of sensitive radioactive material;
`(G) modify current export controls on sensitive radioactive materials so that, to the extent feasible, exports from the United States of sensitive radioactive materials are made only to foreign recipients that are willing and able to control the sensitive radioactive materials in the same manner as recipients in the United States; and
`(H) establish procedures to improve the security of sensitive radioactive material in use, transportation, and storage.
`(3) PROCEDURES TO IMPROVE SECURITY- The procedures to improve the security of sensitive radioactive material under paragraph (2)(H) may include--
`(A) periodic audits or inspections by the Commission to ensure that sensitive radioactive material is properly secured and can be fully accounted for;
`(B) evaluation by the Commission of security measures taken by persons that possess sensitive radioactive material;
`(C) imposition of increased fines for violations of regulations relating to security and safety measures applicable to licensees that possess sensitive radioactive material;
`(D) conduct of background checks on individuals with access to sensitive radioactive material;
`(E) measures to ensure the physical security of facilities in which sensitive radioactive material is stored; and
`(F) screening of shipments of sensitive radioactive material to facilities that are particularly at risk for sabotage to ensure that the shipments do not contain explosives.
`(c) REPORT- Not later than 90 days after the date of enactment of this section, and not less frequently than once every 3 years thereafter, the task force shall submit to the President and Congress a report in unclassified form (with a classified annex, if necessary) describing the administrative and legislative actions recommended under subsection (b)(1).
`(d) ADMINISTRATIVE ACTION- Not later than 60 days after the date of submission of the report under subsection (b), the Commission shall, based on and consistent with the recommendations of the task force, take such actions as are appropriate to--
`(1) revise the system for licensing sensitive radioactive materials based on and consistent with the recommendations of the task force; and
`(2) ensure that States that have entered into an agreement under section 274b. establish compatible programs in a timely manner.'.
SEC. 3007. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended in the first sentence by inserting `or subject to the licensing authority of the Commission or to certification by the Commission under this Act or any other Act' before the period at the end.
SEC. 3008. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended--
(1) in the first sentence, by striking `or who intentionally and willfully attempts' and inserting `or who attempts or conspires';
(2) in paragraph (2), by striking `storage facility' and inserting `storage, treatment, or disposal facility';
(A) by striking `such a utilization facility' and inserting `a utilization facility licensed under this Act'; and
(B) by striking `or' at the end;
(A) by striking `facility licensed' and inserting `or nuclear fuel fabrication facility licensed or certified'; and
(B) by striking the period at the end and inserting `; or'; and
(5) by inserting after paragraph (4) the following:
`(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 construction of the facility, if the destruction or damage caused or attempted to be caused could adversely affect public health and safety during the operation of the facility;'.
SEC. 3009. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.
Not later than 90 days after the date of enactment of this Act, the Attorney General and the Nuclear Regulatory Commission shall submit to Congress a report that assesses the adequacy of the criminal enforcement provisions in chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 221 et seq.).
SEC. 3010. PROTECTION OF WHISTLEBLOWERS.
Section 211(a)(2) of the Energy Reorganization Act (42 U.S.C. 5851) is amended--
(1) in subparagraph (C), by striking `and' at the end;
(2) in subparagraph (D), by striking the period at the end and inserting `; and'; and
(3) by adding at the end the following:
`(E) a contractor or subcontractor of the Commission.'.
SEC. 3011. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended--
(1) by inserting after the item relating to section 149 the following:
`Sec. 149A. Access to nuclear facilities.';
(2) by adding at the end of the item relating to chapter 14 the following:
`Sec. 170B. Uranium supply.
`Sec. 170C. Protection of sensitive nuclear facilities.
`Sec. 170D. Carrying of weapons.
`Sec. 170E. Sensitive Radioactive Material Security.'.
SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this title.
TITLE IV--RAIL SECURITY ACT
SEC. 4001. SHORT TITLE.
This title may be cited as the `Rail Security Act of 2003'.
SEC. 4002. EMERGENCY AMTRAK ASSISTANCE.
(a) IN GENERAL- There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak--
(1) $515,000,000 for systemwide security upgrades, including the reimbursement of extraordinary security-related costs determined by the Secretary to have been incurred by Amtrak since September 11, 2001, and including the hiring and training additional police officers, canine-assisted security units, and surveillance equipment;
(2) $777,000,000 to be used to complete New York tunnel life safety projects and rehabilitate tunnels in Washington, D.C., and Baltimore, Maryland; and
(3) $101,000,000 to be used for increasing the accessibility of Penn Station, New York City.
(b) AVAILABILITY OF APPROPRIATED FUNDS- Amounts appropriated pursuant to subsection (a) shall remain available until expended.
(c) PLAN REQUIRED- The Secretary may not make amounts available to Amtrak for obligation or expenditure under subsection (a)--
(1) for implementing systemwide security upgrades until Amtrak has submitted to the Secretary, and the Secretary has approved, a plan for such upgrades;
(2) for completing the tunnel life safety and rehabilitation projects until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects;
(3) for completing the projects described in subsection (a)(3) until Amtrak has submitted to the Secretary and the Secretary has approved, a plan for such projects; and
(4) Amtrak has submitted to the Secretary such additional information as the Secretary may require in order to ensure full accountability for the obligation or expenditure of amounts made available to Amtrak for the purpose for which the funds are provided.
(d) 50 Percent To Be Spent Outside the Northeast Corridor- The Secretary shall ensure that up to 50 percent of the amounts appropriated pursuant to subsection (a)(1) is obligated or expended for projects outside the Northeast Corridor.
(e) Assessments by DOT Inspector General-
(1) INITIAL ASSESSMENT- Within 60 days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report--
(A) identifying any overlap between capital projects for which funds are provided under such funding documents, procedures, or arrangements and capital projects included in Amtrak's 20-year capital plan; and
(B) indicating any adjustments that need to be made in that plan to exclude projects for which funds are appropriated pursuant to subsection (a).
(2) OVERLAP REVIEW- The Inspector General shall, as part of the Department's annual assessment of Amtrak's financial status and capital funding requirements review the obligation and expenditure of funds under each such funding document, procedure, or arrangement to ensure that the expenditure and obligation of those funds are consistent with the purposes for which they are provided under this Act.
(f) COORDINATION WITH EXISTING LAW- Amounts made available to Amtrak under this section shall not be considered to be Federal assistance for purposes of part C of subtitle V of title 49, United States Code.
SEC. 4003. RAIL SECURITY.
(a) SECRETARY OF TRANSPORTATION- Section 20103(a) of title 49, United States Code, is amended by striking `safety' and inserting `safety, including the security of railroad operations,'.
(b) RAIL POLICE OFFICERS- Section 28101 of title 49, United States Code, is amended by striking `the rail carrier' each place it appears and inserting `any rail carrier'.
(c) REVIEW OF RAIL REGULATIONS- Within 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Federal Railroad Administration's Rail Safety Advisory Committee, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail safety and security.
SEC. 4004. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(1) IN GENERAL- The Secretary of Transportation shall assess the security risks associated with
rail transportation and develop prioritized recommendations for--
(A) improving the security of rail tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; and
(B) dealing with the immediate and long-term economic impact of measures that may be required to address those risks.
(2) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS- The assessment shall include a review of any actions already taken to address identified security issues by both public and private entities.
(b) CONSULTATION; USE OF EXISTING RESOURCES- In carrying out the assessment required by subsection (a), the Secretary shall--
(1) consult with rail management, rail labor, and public safety officials (including officials responsible for responding to emergencies); and
(2) utilize, to the maximum extent feasible, the resources and assistance of--
(A) the Federal Railroad Administration's Rail Safety Advisory Committee; and
(B) the Transportation Research Board of the National Academy of Sciences.
(1) CONTENTS- Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report, without compromising national security, containing--
(A) the assessment and prioritized recommendations required by subsection (a); and
(B) any proposals the Secretary deems appropriate for providing Federal financial, technological, or research and development assistance to railroads to assist the railroads in reducing the likelihood, severity, and consequences of deliberate acts of crime or terrorism toward rail employees, rail passengers, rail shipments, or rail property.
(2) FORMAT- The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary.
TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT
SEC. 5001. SHORT TITLE.
This title may be cited as the `Wastewater Treatment Works Security and Safety Act'.
SEC. 5002. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL ACTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following:
`SEC. 222. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL ACTS.
`(a) DEFINITIONS- In this section:
`(1) COVERED TREATMENT WORKS-
`(A) IN GENERAL- The term `covered treatment works' means a treatment works that--
`(i) serves at least 25,000 individuals; or
`(ii) as determined by the Administrator before March 1, 2003, based on the factors described in subparagraph (B), presents a sufficient security risk to remain subject to this section.
`(B) FACTORS FOR INCLUSION OF TREATMENT WORKS- The factors referred to in subparagraph (A) are--
`(i) the likelihood that the treatment works will be the target of a harmful intentional act;
`(ii) the consequences that would result if the treatment works were the target of a harmful intentional act; and
`(iii) such other security factors as the Administrator determines to be necessary to protect--
`(I) public health, safety, and welfare;
`(II) critical infrastructure; and
`(III) national security.
`(2) EMERGENCY RESPONSE PLAN- The term `emergency response plan' means a plan that a covered treatment works is required to prepare or revise, and submit to the Administrator, under subsection (c).
`(3) HARMFUL INTENTIONAL ACT- The term `harmful intentional act' means a terrorist attack or other intentional act carried out with respect to a covered treatment works that is intended--
`(A) to substantially disrupt the ability of the covered treatment works to provide safe and reliable--
`(i) conveyance and treatment of wastewater; and
`(ii) disposal of effluent;
`(B) to damage critical infrastructure;
`(C) to have an adverse effect on the environment; or
`(D) to otherwise pose a significant threat to public health or safety.
`(4) VULNERABILITY ASSESSMENT- The term `vulnerability assessment' means an assessment that a covered treatment works is required to conduct and submit to the Administrator under subsection (b)(1).
`(b) VULNERABILITY ASSESSMENTS-
`(1) COVERED TREATMENT WORKS-
`(A) IN GENERAL- Using appropriate tools (such as available vulnerability self-assessment tools), each covered treatment works shall conduct and submit to the Administrator an assessment of the vulnerability of the covered treatment works to a harmful intentional act.
`(B) DEADLINE FOR SUBMISSION- Each covered treatment works shall submit a vulnerability assessment to the Administrator--
`(i) in the case of a covered treatment works described in subsection (a)(1)(A)(i), by not later than July 1, 2003; and
`(ii) in the case of a covered treatment works described in subsection (a)(1)(A)(ii), by such date as shall be determined by the Administrator.
`(2) REQUIRED ELEMENTS- At a minimum, a vulnerability assessment shall consist of a review of--
`(A) the pipes and constructed conveyances, physical barriers, treatment, storage, and disposal facilities, and electronic, computer, and other automated systems, that are used by the covered treatment works;
`(B) the use, storage, or handling of various chemicals at the covered treatment works;
`(C) plans and procedures of the covered treatment works, to ensure, to the maximum
extent practicable, continued provision of service; and
`(D) critical records and documents of the covered treatment works.
`(c) EMERGENCY RESPONSE PLAN-
`(1) IN GENERAL- Not later than 180 days after a covered treatment works completes a vulnerability assessment in accordance with subsection (b), the covered treatment works shall prepare or revise, as necessary, and submit to the Administrator, an emergency response plan that incorporates the results of the vulnerability assessment.
`(2) REQUIRED ELEMENTS- The emergency response plan shall include plans, procedures, identification of equipment, and other activities that can--
`(A) be implemented or used in the event of a harmful intentional act carried out with respect to the covered treatment works; and
`(B) reduce or significantly lessen the impacts of a harmful intentional act carried out with respect to the covered treatment works.
`(3) COORDINATION WITH LOCAL EMERGENCY PLANS- In preparing or revising emergency response plans under this subsection, a covered treatment works shall, to the maximum extent practicable, coordinate with local emergency plans.
`(4) RECORD MAINTENANCE- Each covered treatment works shall maintain a copy of the emergency response plan prepared or revised under paragraph (1), and any additional revisions to such a plan completed after the date referred to in paragraph (1), for a period of not less than 5 years after the date on which the plan or revisions are submitted to the Administrator.
`(d) REQUIREMENTS RELATING TO VULNERABILITY ASSESSMENTS AND EMERGENCY RESPONSE PLANS-
`(1) PROVISION OF VULNERABILITY ASSESSMENTS TO STATE AND LOCAL GOVERNMENTS- No covered treatment works shall be required under State or local law to provide a vulnerability assessment or emergency response plan to any State, regional, or local governmental entity unless the State or local government has in effect a law that requires submission of such an assessment or plan to the State, regional, or local governmental entity.
`(2) EXEMPTION OF INFORMATION FROM DISCLOSURE-
`(A) IN GENERAL- Except as provided in subparagraph (B), all information provided to the Administrator under subsections (b) and (c), and all information derived from that information, shall be exempt from disclosure under section 552 of title 5, United States Code.
`(B) NO EXCEPTION- Subparagraph (A) does not apply to information contained in a vulnerability assessment or emergency response plan that identifies--
`(i) the covered treatment works submitting the vulnerability assessment or emergency response plan; or
`(ii) the date of completion of the vulnerability assessment or emergency response plan.
`(3) PROTOCOLS TO PROTECT VULNERABILITY ASSESSMENTS AND EMERGENCY RESPONSE PLANS FROM UNAUTHORIZED DISCLOSURE-
`(A) IN GENERAL- Not later than March 1, 2003, the Administrator, in consultation with appropriate Federal law enforcement and intelligence officials, shall develop such protocols as are necessary to protect vulnerability assessments and emergency response plans from unauthorized disclosure.
`(B) PROTOCOLS- The protocols shall ensure that--
`(i) each copy of a vulnerability assessment or emergency response plan, and all information contained in or derived from the vulnerability assessment or emergency response plan, is kept in a secure location;
`(ii) only individuals designated by the Administrator have access to the copies of the vulnerability assessments and emergency response plans; and
`(iii) no copy of a vulnerability assessment, part of a vulnerability assessment or emergency response plan, or information contained in or derived from a vulnerability assessment or emergency response plan, is available to any individual other than an individual designated by the Administrator under clause (ii).
`(4) CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE-
`(A) IN GENERAL- Except as provided in subparagraph (B), any individual referred to in paragraph (3)(B)(ii) who acquires a copy of a vulnerability assessment or emergency response plan, a part of a vulnerability assessment or emergency response plan, or any information contained in or derived from a vulnerability assessment or emergency response plan, and who knowingly or recklessly reveals the copy, part, or information (other than in accordance with subparagraph (B)) shall--
`(i) be imprisoned not more than 1 year, fined in accordance with chapter 227 of title 18, United States Code (applicable to class A misdemeanors), or both; and
`(ii) if employed by the Federal Government, be removed from Federal employment for the lifetime of the individual.
`(B) EXCEPTIONS- Any individual referred to in paragraph (3)(B)(ii)--
`(i) may disclose a copy, a part, or information referred to in subparagraph (A)--
`(I) to any individual designated by the Administrator under paragraph (3)(B)(ii); or
`(II) for use under seal in any administrative or judicial proceeding relating to imposition of a penalty for failure to comply with this section; or
`(ii) if the individual is an officer or employee of the United States, may discuss the contents of a vulnerability assessment or emergency response plan with a State or local official who the Administrator determines needs to know those contents.
`(5) PROVISION OF INFORMATION TO CONGRESS- Nothing in this subsection authorizes any person to withhold any information from Congress or from any committee or subcommittee of Congress.
`(e) GRANTS FOR COMPLIANCE AND BASIC SECURITY ENHANCEMENTS-
`(1) IN GENERAL- The Administrator, in coordination with State and local governments, may make grants to covered treatment works--
`(A) to assist in compliance with subsections (b) and (c); and
`(B) to pay the costs of implementing basic security enhancements of critical importance, and otherwise addressing significant threats of harmful intentional acts, identified under a vulnerability assessment.
`(2) TYPES OF BASIC SECURITY ENHANCEMENTS- The basic security enhancements referred to in paragraph (1)(B) are--
`(A) purchase and installation of equipment for detection of intruders;
`(B) purchase and installation of fencing, gating, lighting, or security cameras;
`(C) tamperproofing of manhole covers, fire hydrants, and valve boxes;
`(D) rekeying of doors and locks;
`(E) improvements to electronic, computer, and other automated systems and remote security systems;
`(F) participation in training programs, and purchase of training manuals and guidance materials, relating to security against harmful intentional acts;
`(G) improvements in the use, storage, or handling of chemicals;
`(H) security screening of employees of the covered treatment works or employees of contractor support services; and
`(I) such other equipment and activities as the Administrator determines to be appropriate.
`(3) PROHIBITED EXPENDITURES- The basic security enhancements referred to in paragraph (1)(B) do not include expenditures for--
`(B) monitoring, operation, or maintenance of facilities, equipment, or systems.
`(f) GRANTS TO ADDRESS IMMEDIATE AND URGENT SECURITY NEEDS- The Administrator may make grants to covered treatment works to assist in responding to and alleviating any vulnerability to a harmful intentional act that the Administrator determines presents an immediate and urgent security need.
`(g) ASSISTANCE TO SMALL COVERED TREATMENT WORKS-
`(1) GUIDANCE- The Administrator shall provide guidance to covered treatment works serving a population of fewer than 10,000 individuals on how--
`(A) to conduct vulnerability assessments;
`(B) to prepare emergency response plans; and
`(C) to address threats posed by harmful intentional acts.
`(2) GRANTS- The Administrator may make grants to covered treatment works described in paragraph (1) to carry out activities in accordance with the guidance provided under paragraph (1).
`(h) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $185,000,000 for the period of fiscal years 2003 through 2007, of which not more than--
`(1) $125,000,000 for fiscal year 2003, and such sums as are necessary for each of fiscal years 2004 through 2007, may be used to carry out subsection (e);
`(2) $20,000,000 for the period of fiscal years 2003 and 2004 may be used to carry out subsection (f); and
`(3) $15,000,000 for fiscal year 2003 and such sums as are necessary for each of fiscal years 2004 through 2007, may be used to carry out subsection (g)(2).'.
SEC. 5003. RESEARCH AND REVIEW.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 5002) is amended by adding at the end the following:
`SEC. 223. RESEARCH AND REVIEW.
`(a) DEFINITIONS- In this section, the terms `covered treatment works' and `harmful intentional act' have the meanings given the terms in section 222(a).
`(b) REVIEW BY ADMINISTRATOR- Not later than 2 years after the date of enactment of this section, the Administrator, in coordination with appropriate Federal agencies, shall research and review (or enter into a contract or cooperative agreement to provide for research and review of)--
`(1) means by which terrorists or other individuals or groups could carry out harmful intentional acts; and
`(2) means by which alternative processes of conveying, treating, and disposing of wastewater could be provided in the event of the destruction, impairment, or disruption of covered treatment works as the result of harmful intentional acts.
`(c) MEANS OF CARRYING OUT HARMFUL INTENTIONAL ACTS- Means referred to in subsection (b)(1) include--
`(1) means by which pipes and other constructed conveyances used in covered treatment works could be destroyed or otherwise prevented from providing adequate conveyance, pretreatment, treatment, and disposal of wastewater meeting applicable public health standards;
`(2) means by which conveyance, pretreatment, treatment, storage, and disposal facilities used by, or in connection with, covered treatment works could be destroyed or otherwise prevented from providing adequate treatment of wastewater meeting applicable public health standards;
`(3) means by which pipes, constructed conveyances, pretreatment, treatment, storage, and disposal systems that are used in connection with treatment works could be altered or affected so as to pose a threat to public health, public safety, or the environment;
`(4) means by which pipes, constructed conveyances, pretreatment, treatment, storage, and disposal systems that are used in connection with covered treatment works could be reasonably protected from harmful intentional acts;
`(5) means by which pipes, constructed conveyances, pretreatment, treatment, storage, and disposal systems could be reasonably secured from use as a means of transportation by terrorists or other individuals or groups who intend to threaten public health or safety; and
`(6) means by which information systems, including process controls and supervisory control, data acquisition, and cyber systems, at covered
treatment works could be disrupted by terrorists or other individuals or groups.
`(d) CONSIDERATIONS- In carrying out the review under this section, the Administrator--
`(1) shall ensure that the review reflects the needs of covered treatment works of various sizes and various geographic areas of the United States; and
`(2) may consider the vulnerability of, or potential for forced interruption of service for, a region or service area, including the National Capital Area.
`(e) INFORMATION SHARING- As soon as practicable after the review carried out under this section has been evaluated by the Administrator, the Administrator shall disseminate to covered treatment works information on the results of the review through the Information Sharing and Analysis Center or other appropriate means.
`(f) FUNDING- There is authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2003 through 2007.'.
SEC. 5004. REFINEMENT OF VULNERABILITY ASSESSMENT TOOLS FOR PUBLICLY OWNED TREATMENT WORKS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 5003) is amended by adding at the end the following:
`SEC. 224. REFINEMENT OF VULNERABILITY ASSESSMENT TOOLS FOR PUBLICLY OWNED TREATMENT WORKS.
`(a) GRANTS- The Administrator may make grants to 1 or more nonprofit organizations for the improvement of vulnerability self-assessment tools for publicly owned treatment works.
`(b) ELIGIBLE ACTIVITIES-
`(1) IN GENERAL- Grants provided under this section may be used for--
`(A) developing and distributing vulnerability self-assessment software upgrades;
`(B) improving and enhancing critical technical and user support functions;
`(C) expanding libraries of information addressing both threats and countermeasures; and
`(D) implementing user training initiatives.
`(2) SERVICES- Services described in paragraph (1) shall be provided at no cost to recipients.
`(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2003 through 2007, to remain available until expended.'.
TITLE VI--ENHANCING BORDER SECURITY
Subtitle A--Immigration and Naturalization Service
SEC. 6101. ADDITIONAL PERSONNEL AT THE IMMIGRATION AND NATURALIZATION SERVICE.
(a) INS INSPECTORS- Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Attorney General shall increase the number of inspectors and associated support staff in the Immigration and Naturalization Service by the equivalent of not less than 250 full-time employees over the number of inspectors and associated support staff in the Immigration and Naturalization Service authorized by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56) and the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173).
(b) INS INVESTIGATIVE PERSONNEL- Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Attorney General shall increase the number of investigative and associated support staff of the Immigration and Naturalization Service by the equivalent of not less than 250 full-time employees over the number of investigators and associated support staff in the Immigration and Naturalization Service authorized by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56) and the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173).
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section, including such sums as may be necessary to provide facilities, attorney personnel, support staff, and other resources needed to support the increased number of inspectors, investigative staff, and associated support staff.
SEC. 6102. TECHNOLOGICAL IMPROVEMENTS BY THE INS TO IMPROVE BORDER SECURITY.
(a) IN GENERAL- The Immigration and Naturalization Service shall improve border security by--
(1) making improvements in technology (including infrastructure support, computer security, and information technology development) relating to border security;
(2) expanding, utilizing, and improving technology relating to border security; and
(3) facilitating the flow of commerce and persons at ports of entry, including improving and expanding programs for preenrollment and preclearance.
(1) IN GENERAL- Federal agencies involved in border security may waive all or part of enrollment fees for technology-based programs to encourage participation by United States citizens and aliens in such programs.
(2) MODIFICATION OF OTHER FEES- Any agency that waives any fee under paragraph (1) may modify its fees for other services to enable the agency to recover the amounts waived from other entities.
(c) AUTHORIZATION OF APPROPRIATIONS- In addition to funds otherwise available for such purposes, there are authorized to be appropriated $250,000,000 for each of the fiscal years 2003 through 2006 to the Immigration and Naturalization Service to carry out the provisions under subsection (a).
Subtitle B--United States Customs Service
SEC. 6201. ADDITIONAL PERSONNEL AT THE UNITED STATES CUSTOMS SERVICE.
(a) IN GENERAL- Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Secretary of Homeland Security shall increase the number of personnel in the United States Customs Service by the equivalent of not less than 250 full-time employees over the number of personnel in the United States Customs Service as of January 24, 2003.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section, including such sums as may be necessary to provide facilities, attorney personnel, support staff, and other resources needed to support the increased number of personnel in the United States Customs Service.
SEC. 6202. TECHNOLOGICAL IMPROVEMENTS BY THE CUSTOMS SERVICE TO IMPROVE BORDER SECURITY.
(a) IN GENERAL- The United States Customs Service shall improve border security by--
(1) making improvements in technology (including infrastructure support, computer security, and information technology development) relating to border security;
(2) expanding, utilizing, and improving technology relating to border security; and
(3) facilitating the flow of commerce and persons at ports of entry, including improving and expanding programs for preenrollment and preclearance.
(b) AUTHORIZATION OF APPROPRIATIONS- In addition to funds otherwise available for such purposes, there are authorized to be appropriated $250,000,000 for each of the fiscal years 2003 through 2006 to the Department of Homeland Security to carry out the provisions under subsection (a).
Subtitle C--Bureau of Border Security
SEC. 6301. ADDITIONAL PERSONNEL AT THE BUREAU OF BORDER SECURITY.
(a) IN GENERAL- Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Secretary of Homeland Security shall increase the number of personnel in the Bureau of Border Security by the equivalent of not less than 250 full-time employees over the number of personnel in the Bureau of Border Security as of January 24, 2003.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section, including such sums as may be necessary to provide facilities, attorney personnel, support staff, and other resources needed to support the increased number of personnel in the Bureau of Border Security.
SEC. 6302. TECHNOLOGICAL IMPROVEMENTS BY THE BUREAU OF BORDER SECURITY TO IMPROVE BORDER SECURITY.
(a) IN GENERAL- The Bureau of Border Security, of the Department of Homeland Security, shall improve border security by--
(1) making improvements in technology (including infrastructure support, computer security, and information technology development) relating to border security;
(2) expanding, utilizing, and improving technology relating to border security; and
(3) facilitating the flow of commerce and persons at ports of entry, including improving and expanding programs for preenrollment and preclearance.
(b) AUTHORIZATION OF APPROPRIATIONS- In addition to funds otherwise available for such purposes, there are authorized to be appropriated $250,000,000 for each of the fiscal years 2003 through 2006 to the Department of Homeland Security to carry out the functions under subsection (a).
TITLE VII--PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS
SEC. 7001. SENSE OF CONGRESS ON SMALLPOX VACCINATION.
The sense of Congress is as follows:
(1) The President has determined that to protect Americans against the threat of a smallpox attack, there is a need for a program for smallpox vaccination announced December 13, 2002. The plan is to vaccinate military personnel, civilians, and smallpox response teams. Smallpox response teams will include health care workers and first responders.
(2) Military vaccination has already begun. Civilian vaccination is scheduled to begin January 24, 2003.
(3) As part of the program for smallpox vaccination, the President should--
(A) guarantee medical care, compensation for injuries, and other protections for individuals who are vaccinated; and
(B) provide adequate resources for States and hospitals to administer the program fairly, safely, and without adverse consequences to other critical public health needs.
(4) The facts about smallpox vaccine are as follows:
(A) Smallpox was eradicated in 1980. The United States stopped routine vaccinations in 1972.
(B) The President has determined that the threat of an attack using smallpox warrants a National Smallpox Vaccination Program.
(C) Smallpox vaccine contains a live virus called vaccinia, which is similar to the smallpox virus and can spread to another part of the body or to other people from the vaccine site.
(D) Past experience indicates that for every 1,000,000 vaccinated, between 15 and 52 people will suffer life-threatening consequences, and 1 or 2 will die.
(E) Pregnant women, babies, and people with eczema or weakened immune systems should not receive the vaccine, making proper medical screening of candidates for the vaccine critical.
(F) In a recent trial of 200 healthy, young adults who received the vaccine, one-third of participants missed at least 1 day of work or school, 75 had high fevers, and several took antibiotics.
(G) Administration of the smallpox vaccine is different from administration of other vaccines and many health professionals have never administered the vaccine.
(5) To administer the President's smallpox vaccination program, there is an urgent need--
(A) for emergency appropriations to States for purposes including administering the vaccine, education about the vaccine, medical screening of candidates for the vaccine, medical surveillance of vaccine recipients, medical treatment of those injured directly or indirectly by the vaccine, efforts to mitigate the impact of lost productivity due to individuals' adverse reactions to the vaccine, and planning, coordination, and evaluation of smallpox vaccine activities;
(B) to ensure that those who are injured from the vaccine (whether directly or indirectly) have access to and compensation for the health care they need;
(C) to set up effective safeguards for administering the vaccine, including education for those administering the vaccine, education for prospective recipients of the vaccine, proper medical screening and confidentiality protections for medical information, education for vaccine recipients on how to prevent accidental transmission, post-vaccination medical surveillance and treatment, the supply of safe needles for vaccine administration, the provision of adequate vaccinia immune globulin (VIG) to treat adverse reactions, and mandatory centralized reporting of adverse consequences;
(D) to protect civilian workers from disclosure of medical information, from discrimination in the workplace if they refuse to be vaccinated, and from lost wages and benefits, adverse employment consequences, or other losses if they miss work as a result of the vaccine; and
(E) to ensure that adequate protocols for protecting vulnerable patients from exposure to accidental transmission from a health care worker who has been vaccinated are followed.
(6) The Homeland Security Act of 2002 shielded from liability those who manufacture or administer smallpox vaccine under that Act. Individuals who are harmed by the vaccine or their survivors must sue the Federal Government for compensation for their injuries under the Federal Tort Claims Act. Under that Act, individuals who are injured are required to prove negligence in order to be compensated. Since smallpox vaccination may cause injuries even without negligence, many of those harmed by the vaccine may be unable to collect any compensation under this stringent standard and thus will never receive compensation for their injuries. To provide a fairer and more complete system for those who are vaccinated, including workers who voluntarily put themselves at risk to protect America, Congress should establish, in addition to the tort claims system, a system to compensate those injured by the vaccine, including those who are injured by contact with someone who has received the vaccine. The compensation system should be adequately funded. It should include both a no-fault component for those individuals who experience foreseeable adverse reactions already known to be associated with the vaccine, and a mechanism for proving causation for those individuals who suffer unforeseen consequences from the vaccine.
(7) The Homeland Security Act of 2002 failed to protect from liability a vaccinated person who transmits vaccinia accidentally. This section should be amended to protect these people from liability. The section also failed to protect hospitals that did not administer the vaccine, but employ vaccinated health workers. The section should be amended to clarify which hospitals are covered.
(8) Implementation of the President's smallpox vaccination program depends upon significant State and local government participation. The President should provide resources to those entities to accomplish his smallpox vaccination goals. To assist State and local governments with this burden, Congress should establish emergency grants for carrying out smallpox vaccinations pursuant to the President's plan.
SEC. 7002. AID TO STATES FOR SMALLPOX VACCINATION PROGRAMS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319C-2 the following:
`SEC. 319C-3. AID TO STATES FOR SMALLPOX VACCINATION PROGRAMS.
`(a) IN GENERAL- The Secretary shall award grants to eligible entities to enable such entities to carry out activities under the National Smallpox Vaccination Program.
`(b) ELIGIBLE ENTITIES- To be eligible to receive a grant under subsection (a), an entity shall--
`(1) be a State or political subdivision of a State (as provided for in subsection (e)); and
`(2) prepare and submit to the Secretary an application at such time, and in such manner, and containing such information as the Secretary may require.
`(c) USE OF FUNDS- An entity shall use amounts received under a grant under subsection (a) to carry out activities under the National Smallpox Vaccination Program, including--
`(1) administering vaccines to individuals;
`(2) providing educational services and materials concerning vaccinations;
`(3) providing for the medical screening of proposed candidates for a vaccine;
`(4) providing for the medical surveillance of vaccine recipients;
`(5) providing medical treatment to address the immediate medical needs of individuals who suffer illness or injury, directly or indirectly, as a result of the vaccine;
`(6) providing assistance for individuals who lose wages and benefits as a result of the smallpox vaccine and to entities that suffer lost productivity as a result of employees injured by such vaccine;
`(7) planning, coordination, and evaluation of smallpox vaccine activities; and
`(8) other activities determined appropriate by the Secretary.
`(1) IN GENERAL- For each fiscal year for which amounts are appropriated under subsection (f), the Secretary shall, in an amount determined in accordance with paragraphs (2) through (4), make an award under subsection (a) to each eligible entity.
`(2) BASE AMOUNT- In determining the amount of an award pursuant to paragraph (1), the Secretary shall first determine an amount the Secretary considers appropriate for the entity (referred to in this paragraph as the `base amount'), except that such amount may not be greater than the minimum amount determined under paragraph (4).
`(3) INCREASE ON BASIS OF POPULATION- After determining the base amount for an entity under paragraph (2), the Secretary shall increase the base amount by an amount equal to the product of--
`(A) the amount appropriated under subsection (f) for the fiscal year, less an amount equal to the sum of all base amounts determined for the entities under paragraph (2), and less the amount, if any, reserved by the Secretary under subsection (e); and
`(B) subject to subsection (e)(3), the percentage constituted by the ratio of an amount equal to the population of the entity over an amount equal to the total population of the entities (as indicated by the most recent data collected by the Bureau of the Census).
`(4) MINIMUM AMOUNT- Subject to the amount appropriated under subsection (f), an award pursuant to paragraph (1) for an entity shall be the greater of the base amount as increased under paragraph (3), or the minimum amount under this paragraph. The minimum amount under this paragraph is--
`(A) in the case of each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, an amount equal to the lesser of--
`(ii) if the amount appropriated under subsection (f) is less than $667,000,000, an amount equal to 0.75 percent of the amount appropriated under such subsection, less the amount, if any, reserved by the Secretary under subsection (e); or
`(B) in the case of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands, an amount determined by the Secretary to be appropriate, except that such amount may not exceed the amount determined under subparagraph (A).
`(e) POLITICAL SUBDIVISIONS-
`(1) IN GENERAL- The Secretary may, before making awards pursuant to subsection (d), reserve from the amount appropriated under subsection (f) for a fiscal year an amount determined necessary by the Secretary to make awards under subsection (a) to political subdivisions that have a substantial number of residents, have a substantial local infrastructure for responding to public health emergencies, and face a high degree of risk from bioterrorist attacks or other public health emergencies. Not more than three political subdivisions may receive awards pursuant to this paragraph.
`(2) RELATIONSHIP TO FORMULA GRANTS- In the case of a State that will receive an award pursuant to subsection (d), and in which there is located a political subdivision that will receive an award pursuant to paragraph (1), the Secretary shall, in determining the amount under subsection (d)(3) for the State, subtract from the population of the State an amount equal to the population of such political subdivision.
`(3) CONTINUITY OF FUNDING- In determining whether to make an award pursuant to paragraph (1) to a political subdivision, the Secretary may consider, as a factor indicating that the award should be made, that the political subdivision received public health funding from the Secretary for fiscal year 2002.
`(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to provide grants under subsection (a), $1,000,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006.
`(g) DEFINITION- In this section, the term `National Smallpox Vaccination Program' means the program to vaccinate health care workers, first responders, military personnel, and the public as announced by the President on December 13, 2002, including any future modifications to such program.'.
SEC. 7003. SMALLPOX VACCINE INJURY COMPENSATION PROGRAM.
`To provide compensation to individuals who suffer illness or injury, directly or indirectly, as a result of the administration of a vaccine under the National Smallpox Vaccination Program (as defined in section 7002(g)), there are authorized to be appropriated $750,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006.
SEC. 7004. INCREASE IN AUTHORIZATIONS FOR BIOTERRORISM SECURITY AND PREPAREDNESS.
(a) PLANNING AND COORDINATION- Section 2811(h) of the Public Health Service Act (42 U.S.C. 300hh-11(h)) is amended by striking `through 2006' and
inserting `and 2003, $150,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006'.
(b) CDC LABORATORIES AND PERSONNEL- Section 319D(c)(1)(B) of the Public Health Service Act (42 U.S.C. 247d-4(c)(1)(B)) is amended by striking `through 2006' and inserting `and 2003, $379,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006'.
(c) CURRICULUM DEVELOPMENT FOR HEALTH CARE PERSONNEL- Section 319F(g)(3) of the Public Health Service Act (42 U.S.C. 247d-6(g)(3)) is amended--
(1) by striking `In carrying' and inserting the following:
`(A) IN GENERAL- In carrying'; and
(2) by adding at the end the following:
`(B) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for grants, contracts, and cooperative agreements under this paragraph, $100,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006.'.
(d) STRATEGIC NATIONAL STOCKPILE- Section 121(e) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12(e)) is amended--
(1) in paragraph (1), by striking `and such sums' and all that follows and inserting `, such sums as may be necessary for fiscal year 2003, $350,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006.'; and
(2) by adding at the end the following:
`(3) ANTHRAX VACCINE EVALUATION AND PROCUREMENT- For the purpose of enabling the Secretary to conduct an evaluation on the need to procure an anthrax vaccination and for such procurement, there are authorized to be appropriated $350,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006.'.
(e) COUNTERMEASURE RESEARCH AND DEVELOPMENT- Section 319F of the Public Health Service Act (42 U.S.C. 247d-6) is amended by adding at the end the following:
`(k) AUTHORIZATION OF APPROPRIATIONS FOR NIH RESEARCH- There are authorized to be appropriated--
`(1) for research conducted by the National Institutes of Health under this section, $1,500,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006; and
`(2) for buildings and facilities improvement activities, $521,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006.
The Secretary shall consult with the Secretary of Homeland Security in prioritizing the research to be conducted with amounts appropriated under this subsect