[Congressional Record Volume 151, Number 72 (Thursday, May 26, 2005)]
[Senate]
[Pages S6044-S6046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. CLINTON:
  S. 1150. A bill to increase the security of radiation sources, and 
for other purposes; to the Committee on Environment and Public Works.
  Mrs. CLINTON. Mr. President, I rise to discuss the Dirty Bomb 
Prevention Act of 2005, which I am introducing today in the Senate, and 
Congressman Markey is introducing in the House.
  Since September 11, we have increased our focus on dirty bombs, and 
rightly so.
  Most Americans are not aware of how common this radioactive material 
is in our country. Often we think of warheads or rods used in nuclear 
reactors. However, we use less radioactive materials in positive ways 
in our hospitals, research laboratories, food irradiation plants, oil 
drilling facilities, airport runway lighting, and even in smoke 
detectors.
  And although these materials have beneficial uses, the fact is that 
some of them, in the hands of a terrorist, could be used to make a 
dirty bomb that could be used to contaminate a wide area in New York 
City or in many other places across the country.
  According to the Federation of American Scientists, ``material that 
could easily be lost or stolen from U.S. research institutions and 
commercial sites could contaminate tens of city blocks at a level that 
would require prompt evacuation . . . Areas as large as tens of square 
miles could be contaminated at levels that exceed recommended civilian 
exposure limits. ``
  Even if such contamination caused by a dirty bomb did not pose severe 
health threats, efforts to determine the extent of contamination and 
clean it up would be both expensive and disruptive.
  And we know that radiation sources are numerous in the United States. 
The Nuclear Regulatory Commission (NRC) reports that about 157,000 
general and specific licenses have been issued authorizing the use of 
radioactive materials for industrial, medical, and other uses. About 
1.8 million devices containing radioactive sources have been 
distributed under these licenses.
  And we know that some of these sources get lost or stolen. A 2003 GAO 
report found that since 1998, there have been more than 1,300 incidents 
where radiation sources were lost, stolen or abandoned.
  While not all of these sources and incidents present potential dirty 
bomb threats, it's clear that we need to do a better job.
  This legislation fills in remaining gaps to enable the U.S. to more 
effectively control radiation sources.
  First, the bill would give the Nuclear Regulatory Commission the 
authority and the mandate to control Radium-226 and other naturally 
occurring radioactive materials that for historical reasons have 
remained outside of federal control.
  Radium-226 is of particular concern, as it is on the list of 
radiation sources that the United States has agreed to control as part 
of adhering to the International Atomic Energy Agency Code of Conduct 
on the Safety and Security of Radioactive Sources.
  Radium-226 was used in medicine, starting early in the 20th century. 
Its use increased until the 1950s, when there were more than 5,000 
radium users in the U.S. Since then, its use declined, and we don't 
have a good handle on what is left out there. Because it is naturally 
occurring, it has stayed out federal regulatory net. So we need to give 
the NRC the authority to go out and get control of it.
  Second, the bill requires the NRC to develop within 6 months of 
enactment a ``cradle-to-grave'' tracking system to ensure that we know 
where radiation sources of concern are at all times. That's just common 
sense, and if FedEx can do it, I think we ought to be able to do it for 
materials that could be used in a dirty bomb.
  Third, the bill requires the establishment of import and export 
controls for radiation sources. This is obvious--we need to know what's 
coming and going as part of our efforts to control these materials.
  These 3 provisions are fundamental steps that we know we need to take 
today to reduce the risk that radioactive materials will fall into the 
wrong hands.
  But the bill also looks forward in several ways.
  First, the bill requires an inter-agency task force on radiation 
source protection to make periodic recommendations to Congress and the 
NRC about the safety and security of radiation sources. That way we 
will know how we're doing, and what we need to do in the future.
  Second, the bill requires a National Academy of Sciences study of 
whether some current industrial uses of radiation sources could be 
replaced with non-radioactive or less dangerous radioactive materials. 
As I stated early on, there are many beneficial and necessary uses of 
radioactive materials, such as in medicine.
  But there are some cases where use of radioactive materials can be 
replaced with newer technologies. Just to give one example, some steel 
mills have been replacing nuclear process gauges with other 
technologies.
  By exploring other opportunities to reduce the use of radioactive 
materials where possible and appropriate, we can shrink the pool of 
radioactive materials that are available to make a dirty bomb in the 
future.
  So I hope we can take action on this legislation soon. Here in the 
Senate I will be working with my colleagues to see whether we can 
include this legislation in a nuclear plant security bill that the 
committee will be marking up in June.
  I ask unanimous consent that the text of bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1150

       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 ``Dirty Bomb Prevention Act''.

     SEC. 2. RADIATION SOURCE PROTECTION.

       (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2201 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 170C. RADIATION SOURCE 
                   PROTECTION. --

       ``a. Nuclear Regulatory Commission Approval.--Not later 
     than 180 days after the date of enactment of this section, 
     the Nuclear Regulatory Commission shall issue regulations 
     prohibiting a person from--
       ``(1) exporting a radiation source unless the Nuclear 
     Regulatory Commission has specifically found, with respect to 
     that export, that--
       ``(A) the appropriate regulatory agency in the recipient 
     country--
       ``(i) has been informed of the proposed export; and
       ``(ii) has determined that the proposed export will be made 
     in accordance with the recipient nation's laws and 
     regulations;
       ``(B) the recipient nation has the appropriate technical 
     and administrative capability, resources, and regulatory 
     structure to ensure that the radiation source will be managed 
     in a safe and secure manner; and
       ``(C) the person exporting the radiation source has made 
     arrangements to retake possession of it when the recipient is 
     no longer using it;
       ``(2) importing a radiation source unless the Nuclear 
     Regulatory Commission has specifically found, with respect to 
     that import, that--
       ``(A) the proposed recipient is authorized under law to 
     receive the shipment; and
       ``(B) the shipment will be made in accordance with all 
     applicable Federal and State laws and regulations; and
       ``(3) selling or otherwise transferring ownership of a 
     radiation source unless the Nuclear Regulatory Commission has 
     specifically found, with respect to that sale or transfer, 
     that--
       ``(A) the proposed recipient is authorized under law to 
     receive the radiation source; and
       ``(B) the transfer will be made in accordance with all 
     applicable Federal and State laws and regulations.
       ``b. Tracking System.--Not later than 180 days after the 
     date of enactment of this section, the Nuclear Regulatory 
     Commission

[[Page S6045]]

     shall issue regulations establishing a mandatory tracking 
     system for all radiation sources in the United States. Such 
     system shall--
       ``(1) enable the identification of each radiation source by 
     serial number or other unique identifier;
       ``(2) require reporting within 24 hours of any change of 
     geographic location or ownership of a radiation source, 
     including any change of geographic location that occurs while 
     the radiation source is being transported;
       ``(3) require reporting within 24 hours of any loss of 
     control of or accountability for a radiation source; and
       ``(4) provide for reporting through a secure Internet 
     connection.
       ``c. Penalty.--Each violation of regulations issued under 
     subsection a. or b. shall be punishable by a civil penalty of 
     up to $1,000,000.
       ``d. National Academy of Sciences Study.--Not later than 60 
     days after the date of enactment of this section, the Nuclear 
     Regulatory Commission shall enter into an arrangement with 
     the National Academy of Sciences for a study of industrial, 
     research, and commercial uses for radiation sources. The 
     study shall review the current uses for radiation sources, 
     identifying industrial or other processes that utilize 
     radiation sources that could be replaced with economically 
     and technically equivalent (or improved) processes that do 
     not require the use of radiation sources, or that can be used 
     with radiation sources that would pose a lesser risk to 
     public health and safety in the event of an accident or 
     attack involving the radiation source. The Nuclear Regulatory 
     Commission shall transmit the results of the study to 
     Congress not later than 24 months after the date of enactment 
     of this section.
       ``e. Commission Actions.--Not later than 60 days after 
     receipt by Congress and the President of a report required 
     under subsection f.(3)(B), the Nuclear Regulatory Commission, 
     in accordance with the recommendations of the task force, 
     shall take any appropriate actions, including commencing 
     revision of its system for licensing radiation sources, and 
     shall take necessary steps to ensure that States that have 
     entered into an agreement under section 274 b. establish 
     compatible programs in a timely manner.
       ``f. Task Force on Radiation Source Protection and 
     Security.--
       ``(1) Establishment.--There is hereby established a task 
     force on radiation source protection and security.
       ``(2) Membership.--The task force shall be headed by the 
     Chairman of the Nuclear Regulatory Commission or the 
     Chairman's designee. Its members shall be the following:
       ``(A) The Secretary of Homeland Security or the Secretary's 
     designee.
       ``(B) The Secretary of Defense or the Secretary's designee.
       ``(C) The Secretary of Energy or the Secretary's designee.
       ``(D) The Secretary of Transportation or the Secretary's 
     designee.
       ``(E) The Attorney General or the Attorney General's 
     designee.
       ``(F) The Secretary of State or the Secretary's designee.
       ``(G) The Director of National Intelligence or the 
     Director's designee.
       ``(H) The Director of the Central Intelligence Agency or 
     the Director's designee.
       ``(I) The Director of the Federal Emergency Management 
     Agency or the Director's designee.
       ``(J) The Director of the Federal Bureau of Investigation 
     or the Director's designee.
       ``(3) Duties.--
       ``(A) In general.--The task force, in consultation with 
     other State, Federal, and local agencies and appropriate 
     members of the public, after public notice and an opportunity 
     for public comment, shall evaluate and provide 
     recommendations to ensure the security of radiation sources 
     from potential terrorist threats, including acts of sabotage, 
     theft, or use of such radiation sources in a radiological 
     dispersal device.
       ``(B) Recommendations to congress and the president.--Not 
     later than 1 year after the date of enactment of this 
     section, and not less than once every 3 years thereafter, the 
     task force shall submit a report to Congress and to the 
     President, in unclassified form with a classified annex if 
     necessary, providing recommendations, including 
     recommendations for appropriate regulatory and legislative 
     changes, for--
       ``(i) a list of additional radiation sources that should be 
     required to be secured under this Act, based on their 
     potential attractiveness to terrorists and the extent of the 
     threat to public health and safety, taking into account 
     radiation source radioactivity levels, dispersability, 
     chemical and material form, and, for radiopharmaceuticals, 
     the availability of these substances to physicians and 
     patients whose medical treatments relies on them, and other 
     factors as appropriate;
       ``(ii) the establishment of or modifications to a national 
     system for recovery of radiation sources that have been lost 
     or stolen;
       ``(iii) the storage of radiation sources not currently in 
     use in a safe and secure manner;
       ``(iv) modification to the national tracking system for 
     radiation sources;
       ``(v) the establishment of or modifications to a national 
     system to impose fees to be collected from users of radiation 
     sources, to be refunded when the radiation sources are 
     properly disposed of, or any other method to ensure the 
     proper disposal of radiation sources;
       ``(vi) any modifications to export controls on radiation 
     sources necessary to ensure that foreign recipients of 
     radiation sources are able and willing to control United 
     States-origin radiation sources in the same manner as United 
     States recipients;
       ``(vii) whether alternative technologies are available that 
     can perform some or all of the functions currently performed 
     by devices or processes that employ radiation sources, and if 
     so, the establishment of appropriate regulations and 
     incentives for the replacement of such devices or processes 
     with alternative technologies in order to reduce the number 
     of radiation sources in the United States, or with radiation 
     sources that would pose a lesser risk to public health and 
     safety in the event of an accident or attack involving the 
     radiation source; and
       ``(viii) the creation of or modifications to procedures for 
     improving the security of radiation sources in use, 
     transportation, and storage, which may include periodic 
     Nuclear Regulatory Commission audits or inspections to ensure 
     that radiation sources are properly secured and can be fully 
     accounted for, Nuclear Regulatory Commission evaluation of 
     security measures, increased fines for violations of Nuclear 
     Regulatory Commission regulations relating to security and 
     safety measures applicable to licensees who possess radiation 
     sources, criminal and security background checks for certain 
     individuals with access to radiation sources (including 
     individuals involved with transporting radiation sources), 
     assurances of the physical security of facilities that 
     contain radiation sources (including facilities used to 
     temporarily store radiation sources being transported), 
     requirements and a mechanism for effective and timely 
     exchanges of information regarding the results of such 
     criminal and security background checks between the Nuclear 
     Regulatory Commission and States with which the Commission 
     has entered into an agreement under section 274 b., and the 
     screening of shipments to facilities particularly at risk for 
     sabotage of radiation sources to ensure that they do not 
     contain explosives.
       ``g. Definition.--For purposes of this section, the term 
     `radiation source' means any sealed or unsealed source whose 
     activity levels are within Category 1, Category 2, or 
     Category 3 as defined under the Code of Conduct on the Safety 
     and Security of Radioactive Sources, approved by the Board of 
     Governors of the International Atomic Energy Agency on 
     September 8, 2003.''.
       (b) Table of Sections Amendment.--The table of sections of 
     the Atomic Energy Act of 1954 is amended by adding at the end 
     of the items relating to chapter 14 the following new items:

``Sec. 170B. Uranium supply
``Sec. 170C. Radiation source protection''.

     SEC. 3. TREATMENT OF ACCELERATOR-PRODUCED AND OTHER 
                   RADIOACTIVE MATERIAL AS BY-PRODUCT MATERIAL.

       (a) Definition of Byproduct Material.--Section 11 e. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) is amended--
       (1) by striking ``means (1) any radioactive'' and inserting 
     ``means--
       ``(1) any radioactive'';
       (2) by striking ``material, and (2) the tailings'' and 
     inserting ``material;
       ``(2) the tailings''; and
       (3) by striking ``content.'' and inserting ``content;
       ``(3)(A) any discrete source of radium that is produced, 
     extracted, or converted after extraction, before, on, or 
     after the date of enactment of this paragraph for use in 
     commercial, medical, or research activity; or
       ``(B) any material that--
       ``(i) has been made radioactive by use of a particle 
     accelerator; and
       ``(ii) is produced, extracted, or converted after 
     extraction, before, on, or after the date of enactment of 
     this paragraph for use in commercial, medical, or research 
     activity; and
       ``(4) any discrete source of naturally occurring 
     radioactive material, other than source material, that--
       ``(A) has been removed from the natural environment and has 
     been concentrated to levels greater than that found in the 
     natural environment due to human activities; and
       ``(B) before, on, or after the date of enactment of this 
     paragraph, is extracted or converted after extraction for use 
     in commercial, medical, or research activity.''.
       (b) Agreements.--Section 274 b. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2021(b)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) byproduct materials (as defined in section 11 e.);'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (c) Regulations.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Nuclear Regulatory Commission, 
     after consultation with States and other stakeholders, shall 
     promulgate final regulations as the Commission considers 
     necessary to implement this Act and the amendments made by 
     this Act. Such regulations shall include a definition of the 
     term ``discrete'' for purposes of paragraphs (3) and (4) of 
     section 11 e. of the Atomic Energy Act of 1954 (as added by 
     subsection (a)) that is designed to ensure that byproduct 
     material is controlled in a manner consistent with other 
     materials that pose the same threat to public health and 
     safety and the common defense and security.

[[Page S6046]]

       (2) Cooperation.--The Commission shall cooperate with the 
     States in formulating the regulations under paragraph (1), 
     and to the extent practicable shall use existing State 
     consensus standards.
       (3) Transition.--To ensure an orderly transition of 
     regulatory authority with respect to byproduct material as 
     defined in paragraphs (3) and (4) of section 11 e. of the 
     Atomic Energy Act of 1954 (as added by subsection (a)), the 
     regulations promulgated under paragraph (1) shall include a 
     transition plan, developed in coordination with States, for--
       (A) States that have not, before such plan is issued, 
     entered into an agreement with the Commission under section 
     274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)); 
     and
       (B) States that have entered into such an agreement with 
     the Commission, including, in the case of a State that has 
     entered into such an agreement and has certified that it has 
     an existing State program for licensing of the byproduct 
     material defined in paragraphs (3) and (4) of section 11 e. 
     of the Atomic Energy Act of 1954 (as added by subsection (a)) 
     that is adequate to protect public health and safety, 
     provision for assumption by the State of regulatory 
     responsibility for such byproduct material through an 
     administrative process that--
       (i) provides interim provisional recognition of an existing 
     State program for licensing the byproduct material until 
     adoption of an amended agreement under section 274 b.; and
       (ii) requires that the byproduct material is included in 
     the periodic reviews of the State programs for adequacy and 
     compatibility required under section 274 j.(1).
       (4) Availability of radiopharmaceuticals.--In its 
     promulgation of final rules under paragraph (1), the 
     Commission shall consider the impact on the availability of 
     radiopharmaceuticals to the physicians and patients whose 
     medical treatment relies on them.
       (d) Waste Disposal.--
       (1) In general.--Section 81 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2111) is amended by adding at the end the 
     following: ``Byproduct material may only be transferred to 
     and disposed of in a disposal facility licensed by the 
     Commission, if the disposal facility meets the licensing 
     requirements of the Commission and is adequate to protect 
     public health and safety, or a disposal facility licensed by 
     a State that has entered into an agreement with the 
     Commission under section 274 b., if the disposal facility 
     meets requirements of the State that are compatible with the 
     licensing requirements of the Commission and is adequate to 
     protect public health and safety.''.
       (2) Byproduct material not considered low-level radioactive 
     waste.--Section 2(9) of the Low-Level Radioactive Waste 
     Policy Act (42 U.S.C. 2021b(9)) is amended by adding after 
     subparagraph (B) the following:
     ``Such term shall not include byproduct material as defined 
     in paragraphs (3) and (4) of section 11 e. of the Atomic 
     Energy Act of 1954.''.
       (e) Effective Date.--Subsections (a), (b), and (d) shall 
     take effect 1 year after the date of enactment of this Act.

     SEC. 4. RADIATION SOURCES CONTROLLED BY DEPARTMENT OF ENERGY.

       (a) Nuclear Fuel.--
       (1) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Energy shall transmit 
     to Congress a report accounting for the location and status 
     of all nuclear fuel that has been exported by the Federal 
     Government.
       (2) Reacquisition.--
       (A) In general.--The Secretary of Energy shall, to the 
     maximum extent practicable, reacquire nuclear fuel described 
     in paragraph (1) for disposal, giving highest priority to 
     nuclear fuel that is--
       (i) in a location that is not secure; or
       (ii) in a country that does not have sufficient resources 
     to either properly dispose of the nuclear fuel or return the 
     nuclear fuel to the United States for disposal.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy $50,000,000 for 
     each of the fiscal years 2006 through 2010 for carrying out 
     subparagraph (A).
       (b) Radiation Sources and Sealed Sources of Plutonium.--
       (1) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Energy shall transmit 
     to Congress a report accounting for the location and status 
     of all radiation sources (as defined in section 170C(g) of 
     the Atomic Energy Act of 1954, as added by section 1 of this 
     Act) and sealed sources of plutonium weighing more than 1 
     gram that have been exported by the Federal Government.
       (2) Reacquisition.--
       (A) In general.--The Secretary of Energy shall, to the 
     maximum extent practicable, reacquire radiation sources and 
     sealed sources of plutonium described in paragraph (1) for 
     disposal that are--
       (i) in a location that is not secure; or
       (ii) in a country that does not have sufficient resources 
     to either properly dispose of the radiation sources and 
     sealed sources of plutonium or return the radiation sources 
     and sealed sources of plutonium to the United States for 
     disposal.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy $30,000,000 for 
     each of the fiscal years 2006 through 2010 for carrying out 
     subparagraph (A).
                                 ______