I 
111TH CONGRESS 
1ST SESSION H. R. 2070 
To amend the Homeland Security Act of 2002 to secure domestic sources 
of radiological materials that could be used to make a radiological disper-
sion device against access by terrorists, and for other purposes. 
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 re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committee on Homeland Security, for a period to be subsequently de-
termined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Radiological Materials 
Security Act’’. 
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SEC. 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 sup-
port and extend the current cooperative efforts of the De-
partment of Homeland Security, the Nuclear Regulatory 
Commission, and the Department of Energy to secure ra-
diological source materials against access by terrorists, by 
establishing, in statute, requirements and authority for a 
security system for domestic sources of radiological mate-
rials that could be used to make a radiological dispersion 
device, implemented by the Department of Homeland Se-
curity, 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. 
SEC. 3. RESPONSIBILITIES OF THE SECRETARY OF HOME-
LAND SECURITY. 
(a) IN GENERAL.—Title XIX of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 592 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 1908. RADIOLOGICAL MATERIALS SECURITY. 
‘‘(a) TERRORISM RISK ASSESSMENT.— 
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‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Radiological Ma-
terials Security Act, the Secretary shall enhance do-
mestic 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 disper-
sion device, including any specific threat information 
pertinent to the use of radiological materials in a 
possible terrorist attack using a radiological disper-
sion device. 
‘‘(2) CONSIDERATIONS.—In conducting the ter-
rorism 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 mate-
rials for purposes of this section; 
‘‘(D) consider the potential radiological 
dispersion device value of different radiological 
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materials including availability, dispersability, 
and ease of handling of such materials; 
‘‘(E) consider the vulnerability for theft or 
other procurement that different facilities rep-
resent; and 
‘‘(F) consider the consequences of a suc-
cessful radiological dispersion device attack, in-
cluding risk of death or injury and economic 
losses. 
‘‘(3) CONSULTATION.—In conducting the ter-
rorism 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 ap-
propriate experts to integrate and analyze informa-
tion needed to develop the risk assessment. 
‘‘(4) DISSEMINATION OF FINDINGS.—The Sec-
retary shall disseminate the findings of the risk as-
sessment and any specific risk information developed 
in the assessment to all participants in the radio-
logical sources security system described in the Ra-
diological Materials Security Act including the Nu-
clear Regulatory Commission, the Secretary of En-
ergy, State and local agencies, and the facilities con-
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‘‘(B) physical security of radiological mate-
rial sources; 
‘‘(C) use of less dangerous sources of radi-
ological 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 own-
ers and operators of facilities for which the Nuclear Regu-
latory Commission or an Agreement State has approved 
a facility security plan under section 4(f) of the Radio-
logical 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 ‘Agree-
ment State’ means a State that has signed an agree-
ment with the Nuclear Regulatory Commission pur-
suant 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 ra-
diological material that is designated by the Sec-
retary under subsection (a)(2). 
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‘‘(3) PARTICIPATING FACILITY.—The term ‘par-
ticipating facility’ means a private or publicly owned 
facility that contains radiological material and is li-
censed by the Nuclear Regulatory Commission or an 
Agreement State. 
‘‘(f) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section there is authorized to be appro-
priated 
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.’’. 
SEC. 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 mate-
rials 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 Home-
land Security pursuant to section 1908 of the Homeland 
Security Act of 2002, as added by section 3 of this Act. 
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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 inspec-
tions of facilities covered under the regulations promul-
gated under subsection (a), the frequency and thorough-
ness of which shall be determined by the Nuclear Regu-
latory 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 Com-
mission or an Agreement State. 
(d) NUCLEAR MATERIALS EVENTS DATABASE.—The 
Nuclear Regulatory Commission shall maintain and up-
date 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 Regu-
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latory Commission the amounts of such radiological mate-
rial every 6 months, and promptly report orphaned, lost, 
or stolen sources. The Nuclear Regulatory Commission 
shall grant access to the Nuclear Materials Events Data-
base to the Secretary. 
(e) TERRORISM RISK SELF-ASSESSMENT TOOL.— 
The Nuclear Regulatory Commission or Agreement 
States, as appropriate, shall provide to participating facili-
ties the risk self-assessment tool provided to the Nuclear 
Regulatory Commission by the Secretary pursuant to sec-
tion 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 par-
ticipating 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 sub-
section (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 
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owner or operator of a facility containing high-risk 
radiological material to create, submit to the Nu-
clear 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 secu-
rity 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 Nu-
clear Regulatory Commission or an Agreement 
State, as appropriate, shall review the facility secu-
rity plan submitted under this subsection for each 
facility to ensure the plan meets the requirements of 
the facility’s risk tier. 
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(4) APPROVAL AND ENFORCEMENT.—The Nu-
clear 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 ap-
proved, the Nuclear Regulatory Commission or 
Agreement State, as appropriate, shall clearly ex-
plain 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 Nu-
clear 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 pro-
vide expert guidance on design and implementation 
of the facility security plan. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Nuclear Regu-
latory 
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 
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funds to Agreement States in order to carry out the re-
quirements of this Act. 
SEC. 5. RESPONSIBILITIES OF THE DEPARTMENT OF EN-
ERGY. 
The Secretary of Energy shall provide technical as-
sistance for securing high-risk radiological materials to the 
Department of Homeland Security, the Nuclear Regu-
latory Commission, State and local authorities, and the 
participating facilities. 
SEC. 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 En-
ergy to recover orphaned sources of radiological materials 
or to conduct response and recovery operations with re-
spect to such materials. 
Æ 
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