[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3121 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3121

To authorize the Secretary of State to undertake measures in support of 
    international programs to detect and prevent acts of nuclear or 
 radiological terrorism, to authorize appropriations to the Department 
     of State to carry out those measures, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2002

 Mr. Biden (for himself, Mr. Lugar, Mr. Domenici, Mrs. Clinton, Mr. 
        Gregg, and Mr. Schumer) introduced the following bill; which 
        was read twice and referred to the Committee on Foreign 
        RelationsYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of State to undertake measures in support of 
    international programs to detect and prevent acts of nuclear or 
 radiological terrorism, to authorize appropriations to the Department 
     of State to carry out those measures, 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.

    This Act may be cited as the ``Nuclear and Radiological Terrorism 
Threat Reduction Act of 2002''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) It is feasible for terrorists to obtain and to 
        disseminate radioactive material using a radiological 
        dispersion device (RDD), or by emplacing discrete radioactive 
        sources in major public places.
            (2) It is not difficult for terrorists to improvise a 
        nuclear explosive device of significant yield once they have 
        acquired the fissile material, highly enriched uranium, or 
        plutonium, to fuel the weapon.
            (3) An attack by terrorists using a radiological dispersion 
        device, lumped radioactive sources, an improvised nuclear 
        device (IND), or a stolen nuclear weapon is a plausible event.
            (4) Such an attack could cause catastrophic economic and 
        social damage and could kill large numbers of Americans.
            (5) The first line of defense against both nuclear and 
        radiological terrorism is preventing the acquisition of 
        radioactive sources, special nuclear material, or nuclear 
        weapons by terrorists.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (2) Byproduct material.--The term ``byproduct material'' 
        has the same meaning given the term in section 11 e. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).
            (3) IAEA.--The term ``IAEA'' means the International Atomic 
        Energy Agency.
            (4) Independent states of the former soviet union.--The 
        term ``independent states of the former Soviet Union'' has the 
        meaning given the term in section 3 of the FREEDOM Support Act 
        (22 U.S.C. 5801).
            (5) Nuclear explosive device.--The term ``nuclear explosive 
        device'' means any device, whether assembled or disassembled, 
        that is designed to produce an instantaneous release of an 
        amount of nuclear energy from special nuclear material that is 
        greater than the amount of energy that would be released from 
        the detonation of one pound of trinitrotoluene (TNT).
            (6) Radiological dispersion device.--The term 
        ``radiological dispersion device'' is any device meant to 
        spread or disperse radioactive material by the use of 
        explosives or otherwise.
            (7) Radioactive material.--The term ``radioactive 
        material'' means--
                    (A) source material and special nuclear material, 
                but does not include natural or depleted uranium;
                    (B) nuclear by-product material;
                    (C) material made radioactive by bombardment in an 
                accelerator; and
                    (D) all refined isotopes of radium.
            (8) Radioactive source.--The term ``radioactive source'' 
        means radioactive material that is permanently sealed in a 
        capsule or closely bonded and includes any radioactive material 
        released if the source is leaking or stolen, but does not 
        include any material within the nuclear fuel cycle of a 
        research or power reactor.
            (9) Radioisotope thermal generator.--The term 
        ``radioisotope thermal generator'' or ``RTG'' means an 
        electrical generator which derives its power from the heat 
        produced by the decay of a radioactive source by the emission 
        of alpha, beta, or gamma radiation. The term does not include 
        nuclear reactors deriving their energy from the fission or 
        fusion of atomic nuclei.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (11) Source material.--The term ``source material'' has the 
        meaning given that term in section 11 z. of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(z)).
            (12) Special nuclear material.--The term ``special nuclear 
        material'' has the meaning given that term in section 11 aa. of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

SEC. 4. INTERNATIONAL REPOSITORIES.

    (a) Authority.--The Secretary, acting through the United States 
Permanent Representative to the IAEA, is authorized to propose that the 
IAEA conclude agreements with up to five countries under which each 
country would provide temporary secure storage for orphaned, unused, 
surplus, or other radioactive sources other than special nuclear 
material, nuclear fuel, or spent nuclear fuel.
    (b) Voluntary Contributions Authorized.--
            (1) In general.--The Secretary is authorized to make a 
        voluntary contribution to the IAEA to fund the United States 
        share of the program authorized by subsection (a) if the IAEA 
        agrees to protect sources under the standards of the United 
        States or IAEA code of conduct, whichever is stricter.
            (2) Fiscal year 2003.--The United States share of the costs 
        of the program described in subsection (a) is authorized to be 
        100 percent for fiscal year 2003.
    (c) Technical Assistance.--The Secretary is authorized to provide 
the IAEA, through contracts with the Department of Energy or the 
Nuclear Regulatory Commission, with technical assistance to carry out 
the program described in subsection (a).
    (d) Nonapplicability of NEPA.--The National Environmental Policy 
Act shall not apply to any activity conducted under this section.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        for the Department of State $5,000,000 for fiscal year 2003 and 
        $20,000,000 for each fiscal year thereafter to carry out this 
        section.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 5. RADIOACTIVE SOURCE DISCOVERY, INVENTORY, AND RECOVERY.

    (a) Authority.--The Secretary is authorized to make United States 
voluntary contributions to the IAEA to support a program to promote 
radioactive source discovery, inventory, and recovery.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Department of State $5,000,000 for each of the fiscal years 
        2003 through 2012 to carry out subsection (a).
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 6. RADIOISOTOPE THERMAL GENERATOR-POWERED FACILITIES IN THE 
              INDEPENDENT STATES OF THE FORMER SOVIET UNION.

    (a) RTG Power Units.--The Secretary is authorized to assist the 
Government of the Russian Federation to substitute solar (or other non-
nuclear) power sources to replace RTG power units operated by the 
Russian Federation and other independent states of the former Soviet 
Union in applications such as lighthouses in the Arctic, remote weather 
stations, unattended sensors, and for providing electricity in remote 
locations. Any replacement shall, to the maximum extent practicable, be 
based upon tested technologies that have operated for at least one full 
year in the environment where the replacement will be used.
    (b) Allocation of Funds.--Of the funds made available to carry out 
this section, the Secretary may use not more than 20 percent of the 
funds in any fiscal year to replace dangerous RTG facilities that are 
similar to those described in subsection (a) in countries other than 
the independent states of the former Soviet Union.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Department of State $10,000,000 for each of the fiscal 
        years 2003, 2004, and 2005 to carry out this section.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 7. FOREIGN FIRST RESPONDERS.

    (a) In General.--The Secretary is authorized to conclude an 
agreement with a foreign country, or, acting through the United States 
Permanent Representative to the IAEA, to propose that the IAEA conclude 
an agreement with that country, under which that country will carry out 
a program to train first responders to--
            (1) detect, identify, and characterize radioactive 
        material;
            (2) understand the hazards posed by radioactive 
        contamination;
            (3) understand the risks encountered at various dose rates;
            (4) enter contaminated areas safely and speedily; and
            (5) evacuate persons within a contaminated area.
    (b) United States Participation.--The Department of State is hereby 
designated as the lead Federal entity for cooperation with the IAEA in 
implementing subsection (a) within the United States. In carrying out 
activities under this subsection the Secretary of State shall take into 
account the findings of the threat assessment report required by 
section 8 and the location of the interim storage facilities under 
section 4.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of State $2,000,000 for fiscal year 2003, 
        $5,000,000 for fiscal year 2004, and $5,000,000 for fiscal year 
        2005 to carry out this section.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 8. THREAT ASSESSMENT REPORT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter, the Secretary of State 
shall submit a report to the appropriate congressional committees--
            (1) detailing the preparations made at United States 
        diplomatic missions abroad to detect and mitigate a 
        radiological attack on United States missions and other United 
        States facilities under the control of the Secretary; and
            (2) setting forth a rank-ordered list of the Secretary's 
        priorities for improving radiological security and consequence 
        management at United States missions, including a rank-ordered 
        list of the missions where such improvement is most important.
    (b) Budget Request.--The report shall also include a proposed 
budget for the improvements described in subsection (a)(2).
    (c) Form of Submission.--The report shall be unclassified with a 
classified annex if necessary.

SEC. 9. SPECIAL REPRESENTATIVE FOR INSPECTIONS OF NUCLEAR AND 
              RADIOLOGICAL MATERIALS.

    Section 1 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a) is amended by adding at the end the following new 
subsection:
    ``(h) Special Representative for Inspections of Nuclear and 
Radiological Materials.--
            ``(1) Establishment of position.--There shall be within the 
        Bureau of the Department of State primarily responsible for 
        nonproliferation matters a Special Representative for 
        Inspections of Nuclear and Radiological Materials (in this 
        subsection referred to as the `Special Representative'), who 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate. The Special Representative shall have 
        the rank and status of ambassador.
            ``(2) Responsibilities.--The Special Representative shall 
        have the primary responsibility within the Department of State 
        for assisting the Secretary of State in negotiating 
        international agreements that ensure inspection of cargoes of 
        nuclear and radiological materials destined for the United 
        States at ports of embarkation, and such other agreements as 
        may control radioactive materials.
            ``(3) Cooperation with united states customs service.--In 
        carrying out the negotiations described in paragraph (2), the 
        Special Representative shall cooperate with, and accept the 
        assistance and participation of, appropriate officials of the 
        United States Customs Service.''.

SEC. 10. RESEARCH AND DEVELOPMENT GRANTS.

    (a) In General.--Subject to the availability of appropriations, 
there is established a program under which the Director of the National 
Science Foundation shall award grants for university-based research 
into the detection of fissile materials, identification of radioactive 
isotopes in real time, the protection of sites from attack by 
radiological dispersion device, mitigation of consequences of such an 
attack, and attribution of materials used in attacks by radiological 
dispersion device or by improvised nuclear devices. Such grants shall 
be available only to investigators at baccalaureate and doctoral degree 
granting academic institutions. In carrying out the program, the 
Director of the National Science Foundation shall consult about this 
program with the Secretary of Energy in order to minimize duplication 
and increase synergies. The consultation shall also include 
consideration of the use of the Department of Energy to develop 
promising basic ideas into field-ready hardware. The Secretary of 
Energy shall work with the national laboratories and industry to 
develop field-ready prototype detectors.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the National Science Foundation $10,000,000, and to the 
        Department of Energy $5,000,000, to carry out this section in 
        fiscal years 2003 through 2008.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 11. STUDY AND REPORTS BY THE NATIONAL ACADEMY OF SCIENCES.

    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Secretary, in consultation with the Chairman of the 
Nuclear Regulatory Commission, acting through a contract with the 
National Academy of Sciences, shall conduct a study of the use of 
radioactive sources in industry and of potential substitutes for those 
sources.
    (b) Reports.--Not later than six months after entry into the 
contract referred to in subsection (a), the National Academy of 
Sciences shall submit an initial report to the Secretary and the 
appropriate congressional committees and, not later than three months 
after submission of the initial report, shall submit to the Secretary 
and those committees a final report.
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