II 

110TH CONGRESS 

2D SESSION S. 3444 

To provide for upgrading security at civilian nuclear facilities and of nuclear 

materials that could be used to construct a dirty bomb. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2008 

Mrs. CLINTON introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To provide for upgrading security at civilian nuclear facilities 

and of nuclear materials that could be used to construct 

a dirty bomb. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Facility and 

5 Material Security Act of 2008’’. 

6 SEC. 2. NUCLEAR REACTOR DESIGNS REGARDING AIR7 CRAFT IMPACT. 

8 (a) FINAL RULE.—Not later than 1 year after the 

9 date of enactment of this Act, the Nuclear Regulatory 

10 Commission shall issue a final rule requiring all commerVerDate Aug 31 2005 22:32 Aug 04, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3444.IS S3444

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1 cial nuclear power reactors approved for construction after 

2 such date of enactment to be designed to withstand a large 

3 commercial aircraft impact. Such rule shall address the 

4 structural response, shock and vibration effects, and fire 

5 effects of the impact. 

6 (b) REQUIRED DESIGN FEATURES.—Such final rule 

7 shall require design features to ensure that— 

8 (1) important safety functions will operate for 

9 a sufficient period of time after the impact of a large 

10 commercial aircraft so that the unit can be safely 

11 shut down and maintained in safe shutdown condi12 tion; and 

13 (2) the consequences of the impact will not re14 sult in a release of radioactive materials to the envi15 ronment that causes a member of the surrounding 

16 community to receive a dose that triggers an evacu17 ation recommendation, consistent with the levels es18 tablished by the Environmental Protection Agency 

19 and the Public Protection Action Guide Limit for 

20 Evacuation and Shelter (EPA 400–R–92–001). 

21 SEC. 3. SPENT FUEL SECURITY ENHANCEMENTS. 

22 (a) STORAGE RULE.—Not later than 18 months after 

23 the date of enactment of this Act, the Nuclear Regulatory 

24 Commission shall issue a final rule requiring— 


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1 (1) the configuration of spent fuel assemblies 

2 stored in spent fuel pools to minimize the risk of fire 

3 in the event the spent fuel pools are drained during 

4 an accident or terrorist attack; 

5 (2) spent nuclear fuel to be transferred from a 

6 spent fuel pool into dry cask storage at the earliest 

7 possible time that the heat load of the spent fuel 

8 material allows for such transfer to occur safely; and 

9 (3) mitigation features such as water-spray sys10 tems to cool spent fuel in the event spent fuel pools 

11 are drained during an accident or terrorist attack. 

12 (b) INDEPENDENT INSTALLATION SECURITY.— 

13 (1) RULEMAKING REQUIREMENT.—Not later 

14 than 1 year after the date of enactment of this Act, 

15 the Nuclear Regulatory Commission shall issue an 

16 Independent Spent Fuel Storage Installation secu17 rity final rule that makes such installations subject 

18 to the security evaluation requirements of section 

19 170D of the Atomic Energy Act of 1954 (42 U.S.C. 

20 2210d). 

21 (2) DESIGN BASIS THREAT.—The rule issued 

22 under paragraph (1) shall provide for incorporating 

23 Independent Spent Fuel Storage Installations into 

24 the design basis threat rule issued under section 


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1 170E of the Atomic Energy Act of 1954 (42 U.S.C. 

2 2210e). 

3 SEC. 4. CONSIDERING THE RISK OF ACTS OF TERRORISM 

4 ON NUCLEAR FACILITIES. 

5 The Nuclear Regulatory Commission shall consider 

6 the likely consequences of a potential terrorist attack in 

7 any review it is required to undertake under the National 

8 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

9 seq.). 

10 SEC. 5. POTASSIUM IODIDE. 

11 (a) REPEAL OF WAIVER AUTHORITY.—Section 

12 127(f) of the Public Health Security and Bioterrorism 

13 Preparedness and Response Act of 2002 (42 U.S.C. 

14 300hh–12 note) is repealed. 

15 (b) JURISDICTIONAL AUTHORITY.—The Secretary of 

16 Health and Human Services shall exercise all Federal au17 thority over the distribution of potassium iodide as a med18 ical prophylaxis for radiological exposure in humans, in19 cluding all activities under section 127 of the Public 

20 Health Security and Bioterrorism Preparedness and Re21 sponse Act of 2002 (42 U.S.C. 300hh–12 note). 

22 (c) NAS STUDIES.—Not later than June 30, 2011, 

23 and at least once every 5 years thereafter, the Secretary 

24 of Health and Human Services shall enter into an ar25 rangement with the National Academy of Sciences for 


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1 studies on appropriate emergency response plans to non2 routine releases of radioactive materials, including from 

3 nuclear power plants, spent fuel storage facilities, radio4 logical dispersal devices, and improvised nuclear explosive 

5 devices. Such studies shall address evacuation, sheltering, 

6 food interdiction, and medical prophylaxes for radioiodine 

7 and other radioisotopes that are released in such events. 

8 Such studies shall— 

9 (1) review relevant evacuations and food inter10 dictions of the preceding five-year period for lessons 

11 learned; 

12 (2) identify the population that would be ex13 posed by the release and evaluate the potential con14 sequences of such exposure; 

15 (3) recommend best practices for emergency re16 sponse to radiological releases; and 

17 (4) evaluate new research on medical prophy18 laxes for radioiodine and other radioisotopes released 

19 in such events and recommend whether additional 

20 medical prophylaxes should be procured for the Stra21 tegic National Stockpile or State and local stock22 piles. 

23 (d) SECRETARY’S ACTIONS.—Based on the findings 

24 of the studies conducted under subsection (c), the Sec25 retary of Health and Human Services shall— 


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1 (1) consider the advisability of procurement for 

2 the Strategic National Stockpile, and distribution to 

3 State and local governments, of medical prophylaxes 

4 other than potassium iodide, against radioiodine and 

5 other radiological byproducts; and 

6 (2) update the Federal potassium iodide dis7 tribution guidelines, including with lessons learned 

8 from evacuation events, as necessary. 

9 (e) GUIDELINES.—Section 127(c) of the Public 

10 Health Security and Bioterrorism Preparedness and Re11 sponse Act of 2002 (42 U.S.C. 300hh–12 note) is amend12 ed to read as follows: 

13 ‘‘(c) GUIDELINES.—Not later than 60 days after the 

14 date of enactment of the Nuclear Facility and Material 

15 Security Act of 2008, the Secretary of Health and Human 

16 Services, in consultation with individuals representing ap17 propriate Federal, State, and local agencies, shall establish 

18 guidelines for the stockpiling of potassium iodide tablets, 

19 and for the distribution and utilization of potassium iodide 

20 tablets in the event of a nuclear incident.’’. 

21 SEC. 6. AUDIT OF SAFETY AND SECURITY ANALYSIS AND 

22 REVIEW ACTIVITIES. 

23 Title II of the Energy Reorganization Act of 1974 

24 (42 U.S.C. 5841 et seq.) is amended by adding at the end 

25 the following: 


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1 ‘‘AUDIT OF SAFETY AND SECURITY ANALYSIS AND

2 REVIEW ACTIVITIES

3 ‘‘SEC. 213. (a) There shall be established within the 

4 Office of the Inspector General of the Commission a unit 

5 with appropriate and adequate technical staff, including 

6 degreed engineers with nuclear power plant experience, 

7 which shall audit the Commission’s regulatory oversight 

8 activities related to safety and security of civilian nuclear 

9 facilities. 

10 ‘‘(b) There are authorized to be appropriated to the 

11 Commission, for carrying out this Act, such sums as may 

12 be necessary.’’. 

13 SEC. 7. RADIATION SOURCE PROTECTION. 

14 (a) CATEGORIZATION OF RADIATION SOURCES.— 

15 Section 170H f. of the Atomic Energy Act of 1954 (42 

16 U.S.C. 2210h(f)) is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(4) Not later than 1 year after the date of the enact19 ment of this paragraph, the task force shall— 

20 ‘‘(A) complete an evaluation of the materials 

21 listed in the Code of Conduct; 

22 ‘‘(B) make recommendations to amend the 

23 Commission’s regulatory requirements for certain ra24 diation sources or activity levels of certain radiation 

25 sources to account for— 


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1 ‘‘(i) risks associated with the deliberate 

2 dispersal of those materials from radiation 

3 sources, including dispersal for the purpose of 

4 causing the ingestion or inhalation of those ma5 terials; and 

6 ‘‘(ii) the radiation source’s potential to 

7 cause contamination of large areas, or economic 

8 and social disruption that could result from a 

9 terrorist attack; and 

10 ‘‘(C) designate additional radiation sources for 

11 which the risks described in subparagraph (B)(i) 

12 and (ii) are particularly high as high-risk radiation 

13 sources for purposes of section 2(e) of the Nuclear 

14 Facility and Material Security Act of 2008. 

15 Upon completion of the recommendations under this para16 graph, the Commission shall implement those rec17 ommendations by regulation.’’. 

18 (b) TRANSPORTATION OF RADIATION SOURCES.— 

19 Not later than 18 months after the date of enactment of 

20 this Act, the Nuclear Regulatory Commission shall publish 

21 a final rule revising its regulations on the security require22 ments for the transportation of Category 1, 2, and 3 

23 sources (as defined in the Code of Conduct referred to in 

24 section 170H a.(1) of the Atomic Energy Act of 1954 (42 

25 U.S.C. 2210h(a)(1))), including a requirement that shipVerDate Aug 31 2005 22:32 Aug 04, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3444.IS S3444

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1 ments of Category 1, 2, and 3 sources be equipped with 

2 covert technology that would enable location tracking and 

3 recovery in the event the shipments or sources are stolen 

4 or diverted. 

5 (c) RADIATION SOURCE LICENSING.—Not later than 

6 18 months after the date of enactment of this Act, the 

7 Nuclear Regulatory Commission shall issue a final rule re8 quiring carriers and transporters transporting within the 

9 United States radiation sources (as defined in section 

10 170H a.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 

11 2210h(a)(2))) to be licensed by the Commission. 

12 (d) NATIONAL RADIATION SOURCE TRACKING SYS13 TEM.—Not later than 2 years after the date of enactment 

14 of this Act, the Nuclear Regulatory Commission shall 

15 issue a final rule, pursuant to its authority to promote 

16 or protect the common defense and security under section 

17 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201), 

18 and in a manner that maximizes the use of appropriate 

19 State government capabilities, to revise Commission regu20 lations with respect to the National Source Tracking Sys21 tem to require technologies and systems that can provide 

22 real-time tracking and enable locating— 

23 (1) Category 1, 2, and 3 sources (as defined in 

24 the Code of Conduct referred to in section 170H 


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1 a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 

2 2210h(a)(1))); and 

(2) radiation sources with 1 3 ⁄10 or more of the 

4 activity threshold of such Category 3 sources. 

5 (e) HIGH-RISK RADIATION SOURCES SECURITY AND

6 REPLACEMENT.— 

7 (1) RULE.—Not later than 2 years after the 

8 date of enactment of this Act, the Nuclear Regu9 latory Commission shall issue a final rule, pursuant 

10 to its authority to promote or protect the common 

11 defense and security under section 161 of the Atom12 ic Energy Act of 1954 (42 U.S.C. 2201), to estab13 lish requirements leading to the replacement of all 

14 high-risk radiation sources. Such rule shall include 

15 provisions that— 

16 (A) discontinue licensing for each applica17 tion of new high-risk radiation sources as soon 

18 as is practicable, but in no event later than 10 

19 years after the date of enactment of this Act, 

20 unless technologically feasible alternatives are 

21 not available; 

22 (B) prescribe a new license fee structure, 

23 or other means of guaranteeing the availability 

24 of funds, for any new licenses of high-risk radi25 ation sources to ensure that the costs of disVerDate Aug 31 2005 22:32 Aug 04, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3444.IS S3444

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1 position of the high-risk radiation sources will 

2 be covered; 

3 (C) provide for incentives for decommis4 sioning and replacing existing high-risk radi5 ation sources; 

6 (D) prohibit the export of high-risk radi7 ation sources to other countries; and 

8 (E) prescribe enhanced security measures 

9 for existing high-risk radiation sources. 

10 (2) TASK FORCE RECOMMENDATIONS.—Not 

11 later than 4 years after the initial rule is issued 

12 under paragraph (1) or any update is issued under 

13 paragraph (3), the Task Force on Radiation Source 

14 Protection and Security established under section 

15 170H f. of the Atomic Energy Act of 1954 (42 

16 U.S.C. 2210h(f)) shall review the rule or update and 

17 make recommendations for appropriate modifications 

18 to the rule or update to account for— 

19 (A) the emergence of new technologies that 

20 can be used to replace high-risk radiation 

21 sources; and 

22 (B) new security threats or intelligence in23 formation regarding the risk of a deliberate at24 tack using these radiation sources. 


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1 (3) NUCLEAR REGULATORY COMMISSION RE2 VIEW.—Taking into consideration the recommenda3 tions of the task force under paragraph (2), the 

4 Commission shall review and update the rule issued 

5 under paragraph (1) not less frequently than once 

6 every 5 years to account for— 

7 (A) the emergence of new technologies that 

8 can be used to replace high-risk radiation 

9 sources; and 

10 (B) new security threats or intelligence in11 formation regarding the risk of a deliberate at12 tack using these radiation sources. 

13 (4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Nu15 clear Regulatory Commission for carrying out para16 graph (1)(C) such sums as may be necessary for the 

17 fiscal years 2009 through 2013. 

18 (5) DEPARTMENT OF ENERGY PROGRAM.— 

19 There are authorized to be appropriated to the Sec20 retary of Energy $50,000,000 for the period encom21 passing fiscal years 2009 through 2018 for the ac22 ceptance, storage, and disposition of high-risk radi23 ation sources by the Department’s United States 

24 Radiological Threat Reduction Program. 


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1 (6) DEFINITION.—For purposes of this sub2 section, the term ‘‘high-risk radiation source’’ means 

3 cesium chloride and any other radiation source that 

4 is designated by the Task Force on Radiation 

5 Source Protection and Security under section 170H 

6 f.(4)(C) of the Atomic Energy Act of 1954 (42 

7 U.S.C. 2210h(f)(4)(C)). 

Æ 


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