I 111th CONGRESS 1st Session H. R. 2070 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.

1.

Short title

This Act may be cited as the Radiological Materials Security Act.

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.

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:

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. .

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.

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.

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.