S.Amdt. 3204

SA 3204. Mr. CARPER submitted an amendment intended to be proposed to

[[Page S505]]

amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

TITLE __--PREVENTING RADIOLOGICAL TERRORISM ACT

SEC. _001. SHORT TITLE.

This title may be cited as the ``Preventing Radiological
Terrorism Act of 2016''.

SEC. _002. STRATEGY FOR SECURING HIGH ACTIVITY RADIOLOGICAL
SOURCES.

(a) In General.--The Administrator for Nuclear Security
shall--
(1) in coordination with the Chairman of the Nuclear
Regulatory Commission and the Secretary of Homeland Security,
develop a strategy to enhance the security of all risk-
significant radiological materials as soon as possible; and
(2) not later than 120 days after the date of the enactment
of this Act, submit to the appropriate congressional
committees a report describing the strategy required by
paragraph (1).
(b) Elements.--The report required by subsection (a)(2)
shall include the following:
(1) A description of activities of the National Nuclear
Security Administration, ongoing as of the date of the
enactment of this Act--
(A) to secure risk-significant radiological materials; and
(B) to secure radiological materials and prevent the
illicit trafficking of such materials as part of the Global
Nuclear Detection Architecture.
(2) A list of any gaps in the legal authority of United
States Government agencies needed to secure all risk-
significant radiological materials.
(3) An estimate of the cost of securing all risk-
significant radiological materials.
(4) A list, in the classified annex authorized by
subsection (c), of all locations where risk-significant
radiological material is kept under conditions that fail to
meet the enhanced physical security standards promulgated by
the Office of Global Material Security of the National
Nuclear Security Administration.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form and shall include a
classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Energy and Natural Resources, the Committee on Environment
and Public Works, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Armed Services, the Committee on
Energy and Commerce, and the Committee on Homeland Security
of the House of Representatives.
(2) Risk-significant radiological material.--The term
``risk-significant radiological material'' means category 1
and category 2 radioactive materials, as determined by the
Nuclear Regulatory Commission, located within the United
States.
(3) Secure.--The terms ``secure'' and ``security'', with
respect to risk-significant radiological materials, refer to
all activities to prevent terrorists from acquiring such
sources, including enhanced physical security and tracking
measures, removal and disposal of such sources that are not
used, replacement of such sources with nonradiological
technologies where feasible, and detection of illicit
trafficking of such sources.

SEC. _003. PREVENTING TERRORIST ACCESS TO DOMESTIC
RADIOLOGICAL SOURCES.

(a) Commercial Licenses.--Section 103 of the Atomic Energy
Act of 1954 (42 U.S.C. 2133) is amended--
(1) in subsection d., in the third sentence, by inserting
``under a circumstance described in subsection g., or'' after
``within the United States''; and
(2) by adding at the end the following:
``g. In addition to the limitations described in subsection
d. and the limitations provided at the discretion of the
Commission, the Commission shall not grant a license to any
individual who is--
``(1) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(2) convicted of any offense under any Federal, State, or
local law or ordinance, an element of which is--
``(A) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(B) providing material support or resources for
terrorism; or
``(C) the making of a terrorist threat or terroristic
threat.
``h. The Commission shall suspend immediately any license
granted under this section if the Commission discovers that
the licensee is providing unescorted access to any employee
who is--
``(1) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(2) convicted of any offense under any Federal, State, or
local law or ordinance, an element of which is--
``(A) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(B) providing material support or resources for
terrorism; or
``(C) the making of a terrorist threat or terroristic
threat.
``i. The Commission may lift the suspension of a license
made pursuant to subsection h. if--
``(1) the licensee has revoked unescorted access privileges
to the employee;
``(2) the licensee has alerted the appropriate Federal,
State, and local law enforcement offices of the provision and
revocation of unescorted access to the employee; and
``(3) the Commission has conducted a review of the security
of the licensee and determined that reinstatement of the
licensee would not be inimical to the national security
interests of the United States.''.
(b) Medical Therapy and Research and Development.--Section
104 of the Atomic Energy Act of 1954 (42 U.S.C. 2134) is
amended--
(1) in subsection d., in the third sentence, by inserting
``under a circumstance described in subsection e., or'' after
``within the United States''; and
(2) by adding at the end the following:
``e. In addition to the limitations described in subsection
d. and the limitations provided at the discretion of the
Commission, the Commission shall not grant a license to any
individual who is--
``(1) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(2) convicted of any offense under any Federal, State, or
local law or ordinance, an element of which is--
``(A) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(B) providing material support or resources for
terrorism; or
``(C) the making of a terrorist threat or terroristic
threat.
``f. The Commission shall suspend immediately any license
granted under this section if the Commission discovers that
the licensee is providing unescorted access to any employee
who is--
``(1) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(2) convicted of any offense under any Federal, State, or
local law or ordinance, an element of which is--
``(A) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(B) providing material support or resources for
terrorism; or
``(C) the making of a terrorist threat or terroristic
threat.
``g. The Commission may lift the suspension of a license
made pursuant to subsection f. if--
``(1) the licensee has revoked unescorted access privileges
to the employee;
``(2) the licensee has alerted the appropriate Federal,
State, and local law enforcement offices of the provision and
revocation of unescorted access to the employee; and
``(3) the Commission has conducted a review of the security
of the licensee and determined that reinstatement of the
licensee would not be inimical to the national security
interests of the United States.''.
(c) Cooperation With States.--Section 274 b. of the Atomic
Energy Act of 1954 (42 U.S.C. 2021(b)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``b. Except as'' and inserting the
following:
``b. Authorization to Enter Into Agreements.--
``(1) In general.--Subject to paragraph (2), except as'';
and
(3) by adding at the end the following:
``(2) Requirement.--
``(A) In general.--The Commission shall not enter into an
agreement with the Governor of a State under paragraph (1)
unless the Governor agrees that the State--
``(i) shall not grant a license to any individual who is--

``(I) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(II) convicted of any offense under any Federal, State,
or local law or ordinance, an element of which is--

``(aa) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(bb) providing material support or resources for
terrorism; or
``(cc) the making of a terrorist threat or terroristic
threat; and
``(ii) shall suspend the license of a licensee if the
Commission or the State discovers that the licensee is
providing unescorted access to any employee who is--

``(I) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(II) convicted of any offense under any Federal, State,
or local law or ordinance, an element of which is--

``(aa) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(bb) providing material support or resources for
terrorism; or

[[Page S506]]

``(cc) the making of a terrorist threat or terroristic
threat.
``(B) Existing agreements.--With respect to a State with an
agreement in effect as of the date of enactment of this
paragraph, the Commission shall terminate the agreement
pursuant to subsection j. unless the Governor of the State
agrees that the State shall not grant a license to any
individual who is--
``(i) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(ii) convicted of any offense under any Federal, State,
or local law or ordinance, an element of which is--

``(I) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(II) providing material support or resources for
terrorism; or
``(III) the making of a terrorist threat or terroristic
threat.

``(C) Suspension of existing agreements.--With respect to a
State with an agreement in effect as of the date of enactment
of this paragraph, the Governor of the State shall suspend
immediately any license granted by the State if the
Commission or the State discovers that the licensee is
providing unescorted access to any employee who is--
``(i) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(ii) convicted of any offense under any Federal, State,
or local law or ordinance, an element of which is--

``(I) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(II) providing material support or resources for
terrorism; or
``(III) the making of a terrorist threat or terroristic
threat.

``(D) Lifting of suspension.--The Governor of the State may
lift the suspension of a license made pursuant to
subparagraph (A)(ii) or subparagraph (C) if--
``(i) the licensee has revoked unescorted access privileges
to the employee;
``(ii) the licensee has alerted the appropriate Federal,
State, and local law enforcement offices of the provision and
revocation of unescorted access to the employee; and
``(iii) the Commission has conducted a review of the
security of the licensee and determined that reinstatement of
the licensee would not be inimical to the national security
interests of the United States.
``(E) Termination.--If the Governor of a State does not
suspend a license under subparagraph (A)(ii) or subparagraph
(C), the Commission shall suspend the agreement with the
Governor of the State until the Governor of the State
suspends the license.''.

SEC. _004. OUTREACH TO STATE AND LOCAL LAW ENFORCEMENT
AGENCIES ON RADIOLOGICAL THREATS.

Section 201(d) of the Homeland Security Act of 2002 (6
U.S.C. 121(d)) is amended by adding at the end the following:
``(26)(A) Not later than every 2 years, the Secretary shall
submit a written certification to Congress that field staff
of the Department have briefed State and local law
enforcement representatives about radiological security
threats.
``(B) A briefing conducted under subparagraph (A) shall
include information on--
``(i) the presence and current security status of all risk-
significant radiological materials housed within the
jurisdiction of the law enforcement agency being briefed;
``(ii) the threat that risk-significant radiological
materials could pose to their communities and to the national
security of the United States if these sources were lost,
stolen or subject to sabotage by criminal or terrorist
actors; and
``(iii) guidelines and best pest practices for mitigating
the impact of emergencies involving risk-significant
radiological materials.
``(C) The National Nuclear Security Administration, the
Nuclear Regulatory Commission, and Federal law enforcement
agencies shall provide information to the Department in order
for the Department to submit the written certification
described in subparagraph (A).
``(D) A written certification described in subparagraph (A)
shall include a report on the activity of the field staff of
the Department to brief State and local law enforcement
representatives, including, as provided to field staff of the
Department by State and local law enforcement agencies--
``(i) an aggregation of incidents regarding radiological
material; and
``(ii) information on current activities undertaken to
address the vulnerabilities of these risk-significant
radiological materials.
``(E) In this paragraph, the term `risk-significant
radiological material' means category 1 and category 2
radioactive materials, as determined by the Nuclear
Regulatory Commission, located within the United States.''.
______