II 

109TH CONGRESS 

1ST SESSION S. 979 

To strengthen United States capabilities to secure sealed sources of nuclear 

materials from terrorists. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2005 

Mr. AKAKA introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To strengthen United States capabilities to secure sealed 

sources of nuclear materials from terrorists. 

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 ‘‘Safe Storage of Radio5 logical Materials Act of 2005’’. 

6 SEC. 2. DISPOSAL OF CERTAIN LOW-LEVEL RADIOACTIVE 

7 WASTE. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) according to the report of the National 

10 Commission on Terrorist Attacks Upon the United 
2 

•S 979 IS

1 States, more than 2 dozen terrorist groups, includ2 ing al Qaeda, are pursuing chemical, biological, radi3 ological, and nuclear materials; 

4 (2) according to the report of the National 

5 Commission on Terrorist Attacks Upon the United 

6 States, the United States is a prime target for weap7 ons made with chemical, biological, radiological, and 

8 nuclear materials; 

9 (3) the Department of Energy estimates that 

10 about 10,000 sealed sources of greater-than-Class C 

11 low-level radioactive waste (as defined in section 

12 61.55 of title 10, Code of Federal Regulations) will 

13 become unwanted and will have to be disposed of 

14 through the Department of Energy by 2010; 

15 (4) the Department of Energy— 

16 (A) does not have adequate resources or 

17 storage facilities to recover and store all un18 wanted sources of greater-than-Class C low19 level radioactive waste; and 

20 (B) has not identified a permanent dis21 posal facility; 

22 (5) a report by the Government Accountability 

23 Office entitled ‘‘Nuclear Proliferation: DOE Action 

24 Needed to Ensure Continued Recovery of Unwanted 

25 Sealed Radioactive Sources’’ states that ‘‘[t]he small 
3 

•S 979 IS

1 size and portability of the sealed sources make them 

2 susceptible to misuse, improper disposal, and theft. 

3 If these sealed sources fell into the hands of terror4 ists, they could be used as simple and crude but po5 tentially dangerous radiological weapons, commonly 

6 called dirty bombs.’’; and 

7 (6) the Government Accountability Office report 

8 further states that ‘‘[c]ertain sealed sources are con9 sidered particularly attractive for potential use in 

10 producing dirty bombs because, among other things, 

11 they contain more concentrated amounts of nuclear 

12 material known as ‘greater-than-Class-C material.’ ’’ 

13 (b) RESPONSIBILITY FOR ACTIVITIES TO PROVIDE

14 STORAGE FACILITY.—The Secretary of Energy shall pro15 vide to Congress official notification of the final designa16 tion of an entity within the Department of Energy to have 

17 the responsibility of completing activities needed to pro18 vide a facility for safely disposing of all greater-than-Class 

19 C low-level radioactive waste. 

20 (c) REPORTS AND PLANS.— 

21 (1) REPORT ON PERMANENT DISPOSAL FACIL22 ITY.— 

23 (A) PLAN REGARDING COST AND SCHED24 ULE FOR COMPLETION OF EIS AND ROD.—Not 

25 later than 1 year after the date of enactment of 
4 

•S 979 IS

1 this Act, the Secretary of Energy, in consulta2 tion with Congress, shall submit to Congress a 

3 report containing an estimate of the cost and a 

4 proposed schedule to complete an environmental 

5 impact statement and record of decision for a 

6 permanent disposal for greater-than-Class C ra7 dioactive waste. 

8 (B) ANALYSIS OF ALTERNATIVES.—Before 

9 the Secretary of Energy makes a final decision 

10 on the disposal alternative or alternatives to be 

11 implemented, the Secretary of Energy shall— 

12 (i) submit to Congress a report that 

13 describes all alternatives under consider14 ation, including all information required in 

15 the comprehensive report making rec16 ommendations for ensuring the safe dis17 posal of all greater-than-Class C low-level 

18 radioactive waste that was submitted by 

19 the Secretary to Congress in February 

20 1987; and 

21 (ii) await action by Congress. 

22 (2) SHORT-TERM PLAN FOR RECOVERY AND

23 STORAGE.— 

24 (A) IN GENERAL.—Not later than 180 

25 days after the date of enactment of this Act, 
5 

•S 979 IS

1 the Secretary of Energy shall submit to Con2 gress a plan to ensure the continued recovery 

3 and storage of greater-than-Class C low-level 

4 radioactive sealed sources that pose a security 

5 threat until a permanent disposal facility is 

6 available. 

7 (B) CONTENTS.—The plan shall address 

8 estimated cost, resource, and facility needs. 

Æ 
2

•S 979 IS

1 States, more than 2 dozen terrorist groups, includ2 ing al Qaeda, are pursuing chemical, biological, radi3 ological, and nuclear materials; 

4 (2) according to the report of the National 

5 Commission on Terrorist Attacks Upon the United 

6 States, the United States is a prime target for weap7 ons made with chemical, biological, radiological, and 

8 nuclear materials; 

9 (3) the Department of Energy estimates that 

10 about 10,000 sealed sources of greater-than-Class C 

11 low-level radioactive waste (as defined in section 

12 61.55 of title 10, Code of Federal Regulations) will 

13 become unwanted and will have to be disposed of 

14 through the Department of Energy by 2010; 

15 (4) the Department of Energy— 

16 (A) does not have adequate resources or 

17 storage facilities to recover and store all un18 wanted sources of greater-than-Class C low19 level radioactive waste; and 

20 (B) has not identified a permanent dis21 posal facility; 

22 (5) a report by the Government Accountability 

23 Office entitled ‘‘Nuclear Proliferation: DOE Action 

24 Needed to Ensure Continued Recovery of Unwanted 

25 Sealed Radioactive Sources’’ states that ‘‘[t]he small 
3

•S 979 IS

1 size and portability of the sealed sources make them 

2 susceptible to misuse, improper disposal, and theft. 

3 If these sealed sources fell into the hands of terror4 ists, they could be used as simple and crude but po5 tentially dangerous radiological weapons, commonly 

6 called dirty bombs.’’; and 

7 (6) the Government Accountability Office report 

8 further states that ‘‘[c]ertain sealed sources are con9 sidered particularly attractive for potential use in 

10 producing dirty bombs because, among other things, 

11 they contain more concentrated amounts of nuclear 

12 material known as ‘greater-than-Class-C material.’ ’’ 

13 (b) RESPONSIBILITY FOR ACTIVITIES TO PROVIDE

14 STORAGE FACILITY.—The Secretary of Energy shall pro15 vide to Congress official notification of the final designa16 tion of an entity within the Department of Energy to have 

17 the responsibility of completing activities needed to pro18 vide a facility for safely disposing of all greater-than-Class 

19 C low-level radioactive waste. 

20 (c) REPORTS AND PLANS.— 

21 (1) REPORT ON PERMANENT DISPOSAL FACIL22 ITY.— 

23 (A) PLAN REGARDING COST AND SCHED24 ULE FOR COMPLETION OF EIS AND ROD.—Not 

25 later than 1 year after the date of enactment of 
4

•S 979 IS

1 this Act, the Secretary of Energy, in consulta2 tion with Congress, shall submit to Congress a 

3 report containing an estimate of the cost and a 

4 proposed schedule to complete an environmental 

5 impact statement and record of decision for a 

6 permanent disposal for greater-than-Class C ra7 dioactive waste. 

8 (B) ANALYSIS OF ALTERNATIVES.—Before 

9 the Secretary of Energy makes a final decision 

10 on the disposal alternative or alternatives to be 

11 implemented, the Secretary of Energy shall— 

12 (i) submit to Congress a report that 

13 describes all alternatives under consider14 ation, including all information required in 

15 the comprehensive report making rec16 ommendations for ensuring the safe dis17 posal of all greater-than-Class C low-level 

18 radioactive waste that was submitted by 

19 the Secretary to Congress in February 

20 1987; and 

21 (ii) await action by Congress. 

22 (2) SHORT-TERM PLAN FOR RECOVERY AND

23 STORAGE.— 

24 (A) IN GENERAL.—Not later than 180 

25 days after the date of enactment of this Act, 
5

•S 979 IS

1 the Secretary of Energy shall submit to Con2 gress a plan to ensure the continued recovery 

3 and storage of greater-than-Class C low-level 

4 radioactive sealed sources that pose a security 

5 threat until a permanent disposal facility is 

6 available. 

7 (B) CONTENTS.—The plan shall address 

8 estimated cost, resource, and facility needs.

Æ