II 109th CONGRESS 1st Session S. 979 IN THE SENATE OF THE UNITED STATES May 9, 2005 Mr. Akaka introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To strengthen United States capabilities to secure sealed sources of nuclear materials from terrorists.

1.

Short title

This Act may be cited as the Safe Storage of Radiological Materials Act of 2005.

2.

Disposal of certain low-level radioactive waste

(a)

Findings

Congress finds that— (1)according to the report of the National Commission on Terrorist Attacks Upon the United States, more than 2 dozen terrorist groups, including al Qaeda, are pursuing chemical, biological, radiological, and nuclear materials; (2)according to the report of the National Commission on Terrorist Attacks Upon the United States, the United States is a prime target for weapons made with chemical, biological, radiological, and nuclear materials; (3)the Department of Energy estimates that about 10,000 sealed sources of greater-than-Class C low-level radioactive waste (as defined in section 61.55 of title 10, Code of Federal Regulations) will become unwanted and will have to be disposed of through the Department of Energy by 2010; (4)the Department of Energy— (A)does not have adequate resources or storage facilities to recover and store all unwanted sources of greater-than-Class C low-level radioactive waste; and (B)has not identified a permanent disposal facility; (5)a report by the Government Accountability Office entitled Nuclear Proliferation: DOE Action Needed to Ensure Continued Recovery of Unwanted Sealed Radioactive Sources states that [t]he small size and portability of the sealed sources make them susceptible to misuse, improper disposal, and theft. If these sealed sources fell into the hands of terrorists, they could be used as simple and crude but potentially dangerous radiological weapons, commonly called dirty bombs.; and (6)the Government Accountability Office report further states that [c]ertain sealed sources are considered particularly attractive for potential use in producing dirty bombs because, among other things, they contain more concentrated amounts of nuclear material known as greater-than-Class-C material. (b)

Responsibility for activities to provide storage facility

The Secretary of Energy shall provide to Congress official notification of the final designation of an entity within the Department of Energy to have the responsibility of completing activities needed to provide a facility for safely disposing of all greater-than-Class C low-level radioactive waste. (c)

Reports and plans

(1)

Report on permanent disposal facility

(A)

Plan regarding cost and schedule for completion of eis and rod

Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with Congress, shall submit to Congress a report containing an estimate of the cost and a proposed schedule to complete an environmental impact statement and record of decision for a permanent disposal for greater-than-Class C radioactive waste. (B)

Analysis of alternatives

Before the Secretary of Energy makes a final decision on the disposal alternative or alternatives to be implemented, the Secretary of Energy shall— (i)submit to Congress a report that describes all alternatives under consideration, including all information required in the comprehensive report making recommendations for ensuring the safe disposal of all greater-than-Class C low-level radioactive waste that was submitted by the Secretary to Congress in February 1987; and (ii)await action by Congress. (2)

Short-term plan for recovery and storage

(A)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a plan to ensure the continued recovery and storage of greater-than-Class C low-level radioactive sealed sources that pose a security threat until a permanent disposal facility is available. (B)

Contents

The plan shall address estimated cost, resource, and facility needs.