S.Amdt. 452

SA 452. Mr. UDALL (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title XXXII, add the following:

SEC. 3204. HEALTH AND SAFETY OF EMPLOYEES AND CONTRACTORS OF
DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

Section 312(a) of the Atomic Energy Act of 1954 (42 U.S.C.
2286a(a)) is amended by inserting before the period at the
end the following: ``, including with respect to the health
and safety of employees and contractors at such facilities''.

SEC. 3205. ACCESS OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD
TO FACILITIES, PERSONNEL, AND INFORMATION.

Section 314 of the Atomic Energy Act of 1954 (42 U.S.C.
2286c) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Energy'' and inserting
``Except as specifically provided by this section, the
Secretary of Energy'';
(B) by striking ``ready access'' both places it appears and
inserting ``prompt and unfettered access''; and
(C) by adding at the end the following new sentence: ``The
access provided to facilities, personnel, and information
under this subsection shall be provided without regard to the
hazard or risk category assigned to a facility by the
Secretary.''; and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b) Authority of Secretary Deny Information.--The
Secretary may only deny access to information pursuant to
subsection (a)--
``(1) to any person who--
``(A) has not been granted an appropriate security
clearance or access authorization by the Secretary; or
``(B) does not need such access in connection with the
duties of such person; or
``(2) if such denial is authorized by a provision of
Federal law that specifically limits the right of the Board
to access such information.
``(c) Application of Nondisclosure Protections by Board.--
The Board may not publicly disclose information provided
under this section if such information is otherwise protected
from disclosure by law, including deliberative process
information.''.
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