[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2070 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2070

 To amend the Homeland Security Act of 2002 to secure domestic sources 
  of radiological materials that could be used to make a radiological 
dispersion device against access by terrorists, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2009

 Ms. Clarke (for herself, Mrs. Lowey, Mr. Thompson of Mississippi, Mr. 
   Holt, and Mr. Langevin) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
  the Committee on Homeland Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to secure domestic sources 
  of radiological materials that could be used to make a radiological 
dispersion device against access by terrorists, 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 ``Radiological Materials Security 
Act''.

SEC. 2. FINDING AND PURPOSES.

    (a) Finding.--The Congress finds that radiological materials used 
in medical, industrial, academic, and other facilities must be secured 
to prevent theft for possible use in a radiological dispersion device 
by terrorists.
    (b) Purposes.--The purposes of this Act are to support and extend 
the current cooperative efforts of the Department of Homeland Security, 
the Nuclear Regulatory Commission, and the Department of Energy to 
secure radiological source materials against access by terrorists, by 
establishing, in statute, requirements and authority for a security 
system for domestic sources of radiological materials that could be 
used to make a radiological dispersion device, implemented by the 
Department of Homeland Security, the Nuclear Regulatory Commission, 
State and local law enforcement and public health authorities, and 
facilities possessing radiological materials with the support of the 
Department of Energy.

SEC. 3. RESPONSIBILITIES OF THE SECRETARY OF HOMELAND SECURITY.

    (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 592 et seq.) is amended by adding at the end the following:

``SEC. 1908. RADIOLOGICAL MATERIALS SECURITY.

    ``(a) Terrorism Risk Assessment.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Radiological Materials Security Act, the 
        Secretary shall enhance domestic preparedness for and 
        collective response to terrorism by conducting a risk 
        assessment regarding the threat, vulnerability, and 
        consequences of theft or other procurement of radiological 
        materials that could be used by a terrorist in a radiological 
        dispersion device, including any specific threat information 
        pertinent to the use of radiological materials in a possible 
        terrorist attack using a radiological dispersion device.
            ``(2) Considerations.--In conducting the terrorism risk 
        assessment the Secretary shall--
                    ``(A) consult with the Secretary of Energy and the 
                Nuclear Regulatory Commission;
                    ``(B) consider relevant studies previously prepared 
                by other Federal agencies, or other reputable sources;
                    ``(C) focus on those radiological materials that 
                constitute the greatest risk, and designate those 
                materials as high-risk radiological materials for 
                purposes of this section;
                    ``(D) consider the potential radiological 
                dispersion device value of different radiological 
                materials including availability, dispersability, and 
                ease of handling of such materials;
                    ``(E) consider the vulnerability for theft or other 
                procurement that different facilities represent; and
                    ``(F) consider the consequences of a successful 
                radiological dispersion device attack, including risk 
                of death or injury and economic losses.
            ``(3) Consultation.--In conducting the terrorism risk 
        assessment, the Secretary shall consult with the intelligence 
        community, the Secretary of Energy and the Field Intelligence 
        Elements of the National Laboratories, and the Nuclear 
        Regulatory Commission, the Secretary of Defense, and other 
        appropriate experts to integrate and analyze information needed 
        to develop the risk assessment.
            ``(4) Dissemination of findings.--The Secretary shall 
        disseminate the findings of the risk assessment and any 
        specific risk information developed in the assessment to all 
        participants in the radiological sources security system 
        described in the Radiological Materials Security Act including 
        the Nuclear Regulatory Commission, the Secretary of Energy, 
        State and local agencies, and the facilities containing 
        radiological source material and regulated by the Nuclear 
        Regulatory Commission.
            ``(5) Classification.--The Secretary--
                    ``(A) shall develop a classification system for 
                information regarding radiological materials and shall 
                classify the terrorism risk assessment at the 
                appropriate level under such system; and
                    ``(B) shall share the terrorism risk assessment 
                with all participants with appropriate clearances. The 
                Secretary shall also make available an unclassified 
                version to all participants in the radiological sources 
                security system described in the Radiological Materials 
                Security Act.
    ``(b) Terrorism Risk Self-Assessment Tool.--
            ``(1) In general.--The Secretary shall develop a terrorism 
        risk self-assessment tool for facilities to ascertain the risk 
        posed to a facility due to its possession, transport, sale, or 
        use of material that is designated in the terrorism risk 
        assessment under subsection (a) as a high-risk radiological 
        material.
            ``(2) Distribution and use.--The Secretary shall provide 
        the terrorism risk self-assessment tool to the Nuclear 
        Regulatory Commission, which shall provide it to facilities 
        included in the radiological sources security system described 
        in the Radiological Materials Security Act.
    ``(c) Security Practices.--
            ``(1) In general.--The Secretary shall issue recommended 
        practices for securing high-risk radiological materials based 
        on best practices utilized in securing radioactive sources in 
        the United States and abroad.
            ``(2) Risk tiers.--The recommended security practices shall 
        be tiered based on--
                    ``(A) the type of radiological material secured;
                    ``(B) the quantity of radiological material 
                secured;
                    ``(C) the use of and ease of access to the 
                radiological material at the facility;
                    ``(D) the type of facility; and
                    ``(E) the risk that the radiological material 
                secured poses if used in an radiological dispersion 
                device.
            ``(3) Included practices.--The recommended security 
        practices shall include practices for--
                    ``(A) facility access;
                    ``(B) physical security of radiological material 
                sources;
                    ``(C) use of less dangerous sources of radiological 
                material; and
                    ``(D) licensing and tracking procedures for 
                radiological materials.
    ``(d) Security Upgrade Funding.--The Secretary, subject to the 
availability of appropriations, shall make available infrastructure 
protection grants for domestic preparedness and collective response to 
terrorism to owners and operators of facilities for which the Nuclear 
Regulatory Commission or an Agreement State has approved a facility 
security plan under section 4(f) of the Radiological Materials Security 
Act to help cover the cost of the site security plan development and 
implementation.
    ``(e) Definitions.--In this section:
            ``(1) Agreement state.--The term `Agreement State' means a 
        State that has signed an agreement with the Nuclear Regulatory 
        Commission pursuant to section 274b. of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2021(b)).
            ``(2) High risk radiological material.--The term `high-risk 
        radiological material' means radiological material that is 
        designated by the Secretary under subsection (a)(2).
            ``(3) Participating facility.--The term `participating 
        facility' means a private or publicly owned facility that 
        contains radiological material and is licensed by the Nuclear 
        Regulatory Commission or an Agreement State.
    ``(f) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary $20,000,000, of 
which $10,000,000 shall be for fiscal year 2010 for grants under 
subsection (e).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to title 
XIX the following:

``Sec. 1908. Radiological materials security.''.

SEC. 4. RESPONSIBILITIES OF THE NUCLEAR REGULATORY COMMISSION.

    (a) Regulations.--Not later than two years after the date of 
enactment of this Act the Nuclear Regulatory Commission shall update, 
and as necessary promulgate, and enforce regulations for security of 
radiological materials against the threat of terrorism at facilities 
containing radiological materials, and maintain and update a nuclear 
materials events database. Such regulations shall include the security 
practices developed by the Secretary of Homeland Security pursuant to 
section 1908 of the Homeland Security Act of 2002, as added by section 
3 of this Act. The regulations shall be tiered so that required 
security practices of facilities are commensurate with the risk that 
the materials pose. The Nuclear Regulatory Commission shall determine 
which risk tier a facility is placed in with the aid of the risk self-
assessment tool described in section 1908(b) of such Act and the 
recommended tiers described in paragraph (2) of that subsection.
    (b) Site Inspections.--The Nuclear Regulatory Commission, or an 
Agreement State, shall conduct inspections of facilities covered under 
the regulations promulgated under subsection (a), the frequency and 
thoroughness of which shall be determined by the Nuclear Regulatory 
Commission commensurate with the facility's risk tier.
    (c) Penalties.--The regulations promulgated under subsection (a) 
shall include appropriate administrative, civil, and criminal 
penalties, including revocation of the facility's license issued by the 
Nuclear Regulatory Commission or an Agreement State.
    (d) Nuclear Materials Events Database.--The Nuclear Regulatory 
Commission shall maintain and update a database to track regulated 
radiological materials and orphaned, lost, or stolen radiological 
materials, and require that Nuclear Regulatory Commission licensees and 
Agreement State licensees report to the Nuclear Regulatory Commission 
the amounts of such radiological material every 6 months, and promptly 
report orphaned, lost, or stolen sources. The Nuclear Regulatory 
Commission shall grant access to the Nuclear Materials Events Database 
to the Secretary.
    (e) Terrorism Risk Self-Assessment Tool.--The Nuclear Regulatory 
Commission or Agreement States, as appropriate, shall provide to 
participating facilities the risk self-assessment tool provided to the 
Nuclear Regulatory Commission by the Secretary pursuant to section 
1908(b) of the Homeland Security Act of 2002, as added by section 3 of 
this Act. The Nuclear Regulatory Commission and Agreement States shall 
require all participating facilities to use the risk self-assessment 
tool to conduct a risk self-assessment and provide the results to the 
Nuclear Regulatory Commission or an Agreement State, as appropriate, 
within 30 days of receipt of the risk self-assessment tool. The Nuclear 
Regulatory Commission shall use these results to tier facilities 
pursuant to subsection (a). The Nuclear Regulatory Commission shall 
make available to the Secretary the results of the risk self-
assessments.
    (f) Facility Security Plans.--
            (1) In general.--The Nuclear Regulatory Commission shall 
        issue regulations that require the owner or operator of a 
        facility containing high-risk radiological material to create, 
        submit to the Nuclear Regulatory Commission and Agreement 
        States, as appropriate, and implement a facility security plan 
        to address the vulnerabilities determined by the facility's 
        risk assessment and any other requirements determined by the 
        Nuclear Regulatory Commission. The Nuclear Regulatory 
        Commission and Agreement States, as appropriate, shall require 
        a facility security plan to be submitted by a participating 
        facility to the Nuclear Regulatory Commission and an Agreement 
        State within 90 days after submission of the risk self-
        assessment pursuant to subsection (e).
            (2) Contents.--The regulations shall require that a 
        facility security plan shall describe--
                    (A) policies, procedures, personnel, and equipment 
                necessary to implement the plan; and
                    (B) the cost of implementation of the plan.
            (3) Review of security plans.--The Nuclear Regulatory 
        Commission or an Agreement State, as appropriate, shall review 
        the facility security plan submitted under this subsection for 
        each facility to ensure the plan meets the requirements of the 
        facility's risk tier.
            (4) Approval and enforcement.--The Nuclear Regulatory 
        Commission or an Agreement State, as appropriate, must approve 
        or disapprove a facility security plan within 90 days of 
        receipt from the facility. If the facility security plan is not 
        approved, the Nuclear Regulatory Commission or Agreement State, 
        as appropriate, shall clearly explain the shortcomings and 
        allow the participating facility 30 days to correct the 
        facility security plan. If after 30 days the facility fails to 
        provide to the Nuclear Regulatory Commission or Agreement 
        State, as appropriate, an approvable plan, the Nuclear 
        Regulatory Commission or Agreement State, as appropriate, shall 
        apply appropriate penalties to the facility as described in 
        subsection (c).
            (5) Site visits.--The Nuclear Regulatory Commission or an 
        Agreement State, as appropriate, shall conduct visits to 
        participating facilities to provide expert guidance on design 
        and implementation of the facility security plan.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Nuclear Regulatory Commission for carrying out this 
section $10,000,000 for fiscal year 2010. The Nuclear Regulatory 
Commission is authorized to transfer a portion of those funds to 
Agreement States in order to carry out the requirements of this Act.

SEC. 5. RESPONSIBILITIES OF THE DEPARTMENT OF ENERGY.

    The Secretary of Energy shall provide technical assistance for 
securing high-risk radiological materials to the Department of Homeland 
Security, the Nuclear Regulatory Commission, State and local 
authorities, and the participating facilities.

SEC. 6. RADIOLOGICAL DISPERSION DEVICE RECOVERY AND RESPONSE.

    Nothing in this Act or the amendments made by this Act affects the 
responsibilities of the Department of Energy to recover orphaned 
sources of radiological materials or to conduct response and recovery 
operations with respect to such materials.
                                 <all>