September 19, 2016 

Mr. David C. Trimble, Director 

Natural Resources and Environment 

U.S. Government Accountability Office 

441 G Street, N.W. 

Washington, DC 20548 

Dear Mr. Trimble: 

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am writing to describe 

the actions planned in response to the recommendations identified in the U.S. Government 

Accountability Office’s (GAO) report entitled “NRC Has Enhanced the Controls of Dangerous 

Radioactive Materials, but Vulnerabilities Remain (GAO-16-330),” published on July 15, 2016. 

In the report, the GAO recommended that the NRC take the following three actions: 

• Take the steps needed to include Category 3 sources in the National Source 

Tracking System (NSTS) and add Agreement State Category 3 licenses to the Webbased Licensing System as quickly as reasonably possible. 

• At least until such time that Category 3 licenses can be verified using the License 

Verification System, require that transferors of Category 3 quantities of radioactive 

materials confirm the validity of a would-be purchaser’s radioactive materials license 

with the appropriate regulatory authority before transferring any Category 3 

quantities of licensed materials. 

• As part of the ongoing efforts of the NRC working groups meeting to develop 

enhancements to the pre-licensing requirements for Category 3 licenses, consider 

requiring that an on-site security review be conducted for all unknown applicants for 

Category 3 licenses to verify that each applicant is prepared to implement the 

required security measures before taking possession of licensed radioactive 

materials. 

As noted in the GAO report, the Commission was evenly divided in 2009 when it 

considered whether to require tracking of Category 3 sources in the NSTS. In revisiting this 

issue, the Commission would have to decide whether there would be sufficient safety and 

security benefit. To that end, NRC has formed two NRC/Agreement State working groups in 

response to issues raised by GAO. These working groups are evaluating and developing 

options for enhancing the current pre-licensing guidance, and license verification and transfer 

requirements for Category 3 licensees. The working groups will complete their analysis and 

provide recommendations to the Commission for consideration later this year. The analysis and 

recommendations from these efforts will be considered by the Commission for incorporation into 

the NRC’s regulatory requirements and processes. 
 2 

The NRC will continue to pursue potential enhancements to the licensing processes for 

radioactive materials to ensure their safe and secure use and that they will be used for their 

intended purpose. We will also continue to collaborate on these efforts with our Agreement 

State partners to ensure a strong National Materials Program. 

If you should have any questions regarding the NRC’s planned actions in response to 

the recommendations, please contact Mr. John R. Jolicoeur by phone at 301-415-1642, or email at John.Jolicoeur@nrc.gov. 

 

Sincerely, 

/RA/ 

Stephen G. Burns 

cc: Edwin C. Woodward 
 

Identical letter sent to: 

Mr. David C. Trimble, Director 

Natural Resources and Environment 

U.S. Government Accountability Office 

441 G Street, N.W. 

Washington, DC 20548 

cc: Edwin C. Woodward 

The Honorable Shelley Moore Capito 

Chairman, Subcommittee on Clean Air 

 and Nuclear Safety 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

cc: Senator Thomas R. Carper 

The Honorable Fred Upton 

Chairman, Committee on Energy and 

Commerce 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Frank Pallone, Jr. 

The Honorable Ed Whitfield 

Chairman, Subcommittee on Energy 

 and Power 

Committee on Energy and Commerce 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Bobby L. Rush 

The Honorable John Shimkus 

Chairman, Subcommittee on Environment 

 and the Economy 

Committee on Energy and Commerce 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Paul Tonko 

The Honorable James M. Inhofe 

Chairman, Committee on Environment 

 and Public Works 

United States Senate 

Washington, DC 20510 

cc: Senator Barbara Boxer 

The Honorable Jason Chaffetz 

Chairman, Committee on Oversight 

 and Government Reform 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Elijah E. Cummings 

The Honorable Ron Johnson 

Chairman, Committee on Homeland 

 Security and Governmental Affairs 

United States Senate 

Washington, DC 20510 

cc: Senator Thomas R. Carper